Hogner v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while being removed by force from the lower step of a closed electric car of the defendant. Writ in the Superior Court for the county of Suffolk dated February 8, 1905. There was a trial before Richardson, J. The substance of the evidence is stated in the opinion.
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Tort for personal injuries alleged to have been received by the plaintiff while being removed by force from the lower step of a closed electric car of the defendant. Writ in the Superior Court for the county of Suffolk dated February 8, 1905. There was a trial before Richardson, J. The substance of the evidence is stated in the opinion. The presiding judge charged the jury in part as follows: “ The first question which lies at the foundation of the plaintiff’s claim is the question of whether the plaintiff ever became a passenger on this car, having the rights of a passenger and having…
1Opinion of the CourtHammond, J.
This is an action of tort in which the plaintiff seeks to recover damages for being forcibly removed from one of the defendant’s cars after he had boarded it. The declaration contains two counts, in each of which the assault is alleged to have been committed while the plaintiff was “ attempting to board . . . [the car] ... to ride upon the same as a passenger for hire.”
As is usual in such cases, the evidence as to the details was conflicting. The evidence introduced by the plaintiff tended to *268show that by reason of a surgical operation which had been recently performed upon his back, from the…
2Cases cited3 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
3Cited by15 opinions
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Chipman v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1974
- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
- Yancey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Tompkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
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