McCumber v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff while a passenger on a closed surface car of the defendant on December 19, 1905, on Huntington Avenue in Boston near its junction with Massachusetts Avenue, by reason of the excessive overcrowding of the car permitted by the servants of the defendant and the entrance and exit of passengers to and from the car while in its greatly overcrowded condition, whereby the plaintiff was forced from the car and…
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Tort for personal injuries alleged to have been sustained by the plaintiff while a passenger on a closed surface car of the defendant on December 19, 1905, on Huntington Avenue in Boston near its junction with Massachusetts Avenue, by reason of the excessive overcrowding of the car permitted by the servants of the defendant and the entrance and exit of passengers to and from the car while in its greatly overcrowded condition, whereby the plaintiff was forced from the car and caused to fall to the ground. Writ dated March 16, 1906. In the Superior Court the case was tried before Harris, J. The…
1Opinion of the CourtRugg, J.
The plaintiff with a dress suit case in her hand became a passenger on one of the defendant’s closed surface cars after dark on a December day. When she boarded the car she perceived that it was crowded, and she was able to get only to the door leading from the vestibule to the aisle. Later she gave way for the conductor to go inside to collect fares, and thereafter she stood just in the doorway, with one foot in the doorway and the other in the vestibule. After one stop, at which other passengers came upon the car, the plaintiff knew by a bell and the slowing of the car that persons inside…
2Cases cited6 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Beverley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Tompkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Beal v. Lowell & Dracut Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Treat v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Jackson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- MacGilvray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Pearson v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
17 more not listed; retrieve them via the Exa API.