Tracy v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by a woman for personal injuries caused by her thumb being jammed by the closing of a door leading from the front vestibule into the interior of a street railway car of the defendant which she was entering at the Park Street station of the subway in Boston. Writ dated March 29, 1912. In the Superior Court the case was tried before Keating, J. The material evidence is described in the opinion.
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Tort by a woman for personal injuries caused by her thumb being jammed by the closing of a door leading from the front vestibule into the interior of a street railway car of the defendant which she was entering at the Park Street station of the subway in Boston. Writ dated March 29, 1912. In the Superior Court the case was tried before Keating, J. The material evidence is described in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtRugg, C. J.
The plaintiff became a passenger upon one of the defendant’s closed cars at the Park Street subway by entering through its front vestibule. As she passed through the door into the body of the car, the car started. In order to save herself from being thrown forward, she put her hand back of her on the jamb of the door, which was closed at that instant, injuring her thumb. The motorman testified that, if the front door was to be closed, it was his duty to do it, but that he did not close the door at this time. Another witness for the defendant testified that he was standing in the vestibule of…
2Cases cited3 opinions
- Hines v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- McGlinchy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Cashman v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
3Cited by7 opinions
- Wheeler v. Des Moines City Railway Co.Supreme Court of Iowa · 1927
- Intriligator v. GoldbergMassachusetts Supreme Judicial Court · 1938
- Boyd v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Hale v. McLaughlinMassachusetts Supreme Judicial Court · 1931
- Harvey v. Auto Interurban Co.Washington Supreme Court · 1950
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