Fairbanks v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff as she was approaching an electric street car of the defendant with the purpose of boarding it. Writ dated March 4, 1919. In the Superior Court, the action was tried before Sisk, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied.
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Tort for personal injuries received by the plaintiff as she was approaching an electric street car of the defendant with the purpose of boarding it. Writ dated March 4, 1919. In the Superior Court, the action was tried before Sisk, J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $500; and the defendant alleged exceptions.
1Opinion of the CourtDe Courcy, J.
The plaintiff was struck by the rear end of an electric car as it swung from Boylston Street into Ipswich Street in Boston on November 9, 1918, at about 8 a.m. Boylston Street runs in an easterly direction from Brookline to Boston; and at the place of the accident is about fifty feet in width from curb to curb, level and straight. Ipswich Street runs northerly from Boylston Street at substantially a right angle therewith, and is about fifty-five feet wide from curb to curb. In the centre of Boylston Street are double tracks of the defendant, which turn into Ipswich Street and do not extend…
2Cases cited4 opinions
- Brightman v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hawes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Niles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Franks v. EdinbergMassachusetts Supreme Judicial Court · 1904
3Cited by3 opinions
- Head v. MortonMassachusetts Supreme Judicial Court · 1939
- Brown v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1976
- Chandler v. Metropolitan Transit AuthorityMassachusetts Supreme Judicial Court · 1954