Manning v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being struck by a switch-stick which flew from the hands of a conductor in the employ of the defendant corporation as he was . using it on top of an electric street car to free the trolley, which had caught in a frog at the junction of some overhead wires in a street in Boston.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff by being struck by a switch-stick which flew from the hands of a conductor in the employ of the defendant corporation as he was . using it on top of an electric street car to free the trolley, which had caught in a frog at the junction of some overhead wires in a street in Boston. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
The first question argued is the usual one of the plaintiff’s care. What is due care depends on the nature of the accident and the degree of danger according to common experience under the known circumstances. The plaintiff was on the sidewalk, either walking or momentarily stopping. Putting it in the most favorable way for the defendant, the jury at least were authorized to find that the plaintiff was not bound to take special precautions against such a missile from such a source. The jury were instructed that, if the plaintiff stopped and* stood there simply to look, and the accident took…
2Cases cited5 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
3Cited by9 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
- Fletcher v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Cahill v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.