Legal Opinion

Bush v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided April 15, 1919Published

Tort for personal injuries sustained on May 25,1918, when the plaintiff was alighting as a passenger from a street railway car of the defendant on Washington Street near the corner of Harvard Street in Boston. Writ dated July 6,1917. In the Superior Court the case was tried before Fessenden, J. ,The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to order a verdict for the defendant. The judge denied the motion.

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Tort for personal injuries sustained on May 25,1918, when the plaintiff was alighting as a passenger from a street railway car of the defendant on Washington Street near the corner of Harvard Street in Boston. Writ dated July 6,1917. In the Superior Court the case was tried before Fessenden, J. ,The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to order a verdict for the defendant. The judge denied the motion. The defendant then asked the judge to make the following rulings, besides other rulings which were covered by the judge’s charge: “1.…

1Opinion of the CourtCarroll, J.

The plaintiff was injured while alighting from a car on Washington Street, Boston, near the corner of Harvard Street. The car was north bound and had passed Bennett Street where there was a white post marking a régular stopping place. The next white post was at Kneeland Street, about four hundred feet away. The plaintiff was employed near the place of- the accident. He testified that the “car was blocked and the car stopped opposite the New Marlborough Hotel;... a couple of people went out and the car was stopped, and I says, I will get out here now.” He contended that when he was alighting,…

2Cases cited1 opinion

  1. Coneton v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912

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