Pomeroy v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained while a passenger on an open car of the defendant, at about eight o’clock in the evening of August 9, 1903, on East Main Street in Gloucester, from coming in contact with a pole erected and maintained by the defendant alleged to have been negligently placed and maintained so near the track as to endanger passengers travelling upon the cars of the defendant.
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Tort for personal injuries sustained while a passenger on an open car of the defendant, at about eight o’clock in the evening of August 9, 1903, on East Main Street in Gloucester, from coming in contact with a pole erected and maintained by the defendant alleged to have been negligently placed and maintained so near the track as to endanger passengers travelling upon the cars of the defendant. Writ dated December 7, 1903. At the trial in the Superior Court before Fox, J. the plaintiff testified substantially as follows: “ I took one of the defendant’s cars at the foot of Hammond Street in…
1Opinion of the CourtBraley, J.
The defendant, by accepting the plaintiff as a passenger, undertook to provide him with transportation to bis plac'e of destination, and in the performance of this duty it was ' required to exercise the highest degree of care commensurate with the nature of this undertaking. Warren v. Fitchburg Rail*511road, 8 Allen, 227, 233. Galligan v. Old Colony Street Railway, 182 Mass. 211, 214, 215. In the construction and equipment of its road the trolley poles were located at certain distances along the railway, and the alleged defect by which the plaintiff was injured consisted of a pole so placed on…
2Cases cited10 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Torphy v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Shannon v. WillardMassachusetts Supreme Judicial Court · 1909
12 more not listed; retrieve them via the Exa API.