Carroll v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred on October 21, 1905, in consequence of the derailment of a car of the defendant in which the plaintiff was being transported as a passenger alleged to have been due to a broken and defective switch at the corner of Washington Street and Bowdoin Street in that part of Boston called Dorchester, which had been allowed to remain in a defective and dangerous condition by reason of the negligence of the defendant.
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Tort for personal injuries incurred on October 21, 1905, in consequence of the derailment of a car of the defendant in which the plaintiff was being transported as a passenger alleged to have been due to a broken and defective switch at the corner of Washington Street and Bowdoin Street in that part of Boston called Dorchester, which had been allowed to remain in a defective and dangerous condition by reason of the negligence of the defendant. Writ dated October 26, 1905. Before the trial, interrogatories were propounded to the president of the defendant. The eleventh interrogatory was as…
1Opinion of the CourtBraley, J.
The refusal of the president to answer the eleventh interrogatory affords no ground of appeal. The defendant was not compelled under R. L. c. 173, §' 63, to disclose in advance its theory of the accident, or to state the facts derived from investigation, upon which it relied to establish its defense. Gunn v. New York, New Haven, & Hartford Railroad, 171 Mass. 417. Robbins v. Brockton Street Railway, 180 Mass. 51. Spinney v. Boston Elevated Railway, 188 Mass. 30.
*533Nor was there any error at the trial in the rulings upon the admission and exclusion of evidence. It was within the discretion of the…
2Cases cited40 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Railroad Company v. PollardSupreme Court of the United States · 1875
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3Cited by77 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Wilson v. Colonial Air Transport, Inc.Massachusetts Supreme Judicial Court · 1932
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Smith v. HillMassachusetts Supreme Judicial Court · 1919
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