McDonough v. Metropolitan Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the negligence of the defendant. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The plaintiff, a boy of the age of thirteen years and five months, accustomed to ride in horse cars, attempted to get upon the front platform of the defendant’s car while it was in motion, and was thrown down and injured; it was upon the Lord’s day, and the plaintiff’s object in taking the car was to travel upon it, but not for any purpose of necessity or charity. Three questions are presented in the exceptions: whether there was evidence of negligence in the driver of the car which caused the injury; whether there was evidence that the plaintiff was in the exercise of due care; and whether…
2Cases cited5 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
- Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
- Cram v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1873
3Cited by19 opinions
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Cicero & Proviso Street Railway Co. v. MeixnerIllinois Supreme Court · 1896
- Farber v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1924
- Citizens Street Railroad v. JollyIndiana Supreme Court · 1903
- Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
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