James v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, against a corporation operating a street railway, for personal injuries alleged to have been received by the plaintiff by reason of the derailment of an open electric car of the defendant on which she was a passenger on the afternoon of Sunday, May 26, 1906. Writ dated "June 9, 1906. In the Superior Court the case first was tried before Bond, J., and the jury returned a verdict for the plaintiff in the sum of $15,000. The defendant alleged exceptions, which were…
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Tort, against a corporation operating a street railway, for personal injuries alleged to have been received by the plaintiff by reason of the derailment of an open electric car of the defendant on which she was a passenger on the afternoon of Sunday, May 26, 1906. Writ dated "June 9, 1906. In the Superior Court the case first was tried before Bond, J., and the jury returned a verdict for the plaintiff in the sum of $15,000. The defendant alleged exceptions, which were sustained by this court in a decision reported in 201 Mass. 263. There was a new trial of the case before Hardy, J. A…
1Opinion of the Court
Knowlton, O. J.
The questions argued by the defendant are covered in substance and legal effect by the decision in 201 Mass. 263, when this case was formerly before us, and by that in Minihan v. Boston Elevated Railway, 197 Mass. 367.
The plaintiff went to trial upon a single count, alleging negligence of the defendant and stating the nature and particulars of the accident resulting from it, but not stating the particulars of the negligence that caused the accident. Under such a count a plaintiff may rely upon the doctrine res ipso loquitur, if the accident is of a kind to indicate that it…
2Cases cited2 opinions
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- James v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
3Cited by15 opinions
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- Coyne v. John S. Tilley Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Kleinman v. Banner Laundry Co.Supreme Court of Minnesota · 1921
- Gilchrist v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1930
- Cook v. NewhallMassachusetts Supreme Judicial Court · 1913
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