Lockwood v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been received by the plaintiff while he was a passenger on an open electric street car of the defendant a short distance north of Essex Street on Washington Street in Boston, by being thrown from the car because of a collision between it and a wagon in the street.
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Tort for injuries alleged to have been received by the plaintiff while he was a passenger on an open electric street car of the defendant a short distance north of Essex Street on Washington Street in Boston, by being thrown from the car because of a collision between it and a wagon in the street. Writ in the Superior Court for the county of Suffolk dated August 24, 1905. This case and an action by the plaintiff’s companion Gould against the defendant were tried together before Raymond, J. Joseph W. Courtney, M.D., the defendant’s medical expert, testified that he examined the plaintiff just…
1Opinion of the CourtBraley, J.
The defendant’s exceptions to the refusal to give the first, seventh, ninth, tenth, eleventh and twelfth requests must be overruled. It was within the province of the jury to find, upon conflicting evidence, that the plaintiff and his companion Gould, desiring to become passengers, signalled an open car; that, the motorman having inclined his head in response, they started from the sidewalk, and when the car stopped boarded it with the knowledge of the conductor, and. that the plaintiff had reached and stood upon the running board on his way to a seat at the time of the injury. If the jury so…
2Cases cited13 opinions
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Marshall v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- Pomeroy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Lipchitz v. Raytheon Co.Massachusetts Supreme Judicial Court · 2001
- Stepakoff v. KantarMassachusetts Supreme Judicial Court · 1985
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Gilchrist v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1930
19 more not listed; retrieve them via the Exa API.