Kellogg v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for an injury sustained on November 7,1907, when the plaintiff was a passenger on a train of the defendant, from the plaintiff’s hand being caught by the door of a ear swinging to and closing upon it when he was about to alight from the train at the Franklin Park station of the defendant in that part of Saugus called Cliftondale.
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Tort for an injury sustained on November 7,1907, when the plaintiff was a passenger on a train of the defendant, from the plaintiff’s hand being caught by the door of a ear swinging to and closing upon it when he was about to alight from the train at the Franklin Park station of the defendant in that part of Saugus called Cliftondale. Writ dated February 15, 1908. In the Superior Court the case was tried before Lawton, J. At the close of the plaintiff’s evidence the defendant asked the judge to rule that upon all the evidence the plaintiff could not recover. The judge so ruled and ordered a…
1Opinion of the CourtBraley, J.
It is urged by the defendant that as the declaration contained no general allegation of negligence but only the specific averment that the defendant provided an insufficient *326and improper door fastener, there was a fatal variance between the cause of action alleged and the proof. But no question of pleading was raised by the request on which a verdict was ordered in its behalf, and the question for decision is, whether there was any evidence which would have warranted a verdict for the plaintiff. Ridenour v. H. C. Dexter Chair Co. 209 Mass. 70, 78.
The plaintiff was a passenger and, when the…
2Cases cited8 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Marshall v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Ridenour v. H. C. Dexter Chair Co.Massachusetts Supreme Judicial Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Richardson v. Portland Trackless Car Co.Oregon Supreme Court · 1925
- Granara v. JacobsMassachusetts Supreme Judicial Court · 1912
- McKnight v. Red Cab Co.Massachusetts Supreme Judicial Court · 1946
- Brehm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1922
- Shaughnessy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
3 more not listed; retrieve them via the Exa API.