Wills v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort against a street railway corporation, for personal injuries occasioned to John Wills, the plaintiff’s intestate, by falling from the defendant’s car.
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Tort against a street railway corporation, for personal injuries occasioned to John Wills, the plaintiff’s intestate, by falling from the defendant’s car. Trial in the Superior Court, before Wilkinson, J., who directed a verdict for the defendant, on the ground that the plaintiff had not offered any evidence sufficient to warrant the jury in finding that her intestate was in the exercise of due care at the time of the accident; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtColt, J.
It is for the plaintiff to prove that her deceased husband was free from negligence contributing to the injury which he received from the acts of the defendant corporation. She cannot recover, if the case she presents fails to disclose the exercise on his part of ordinary care, as judged of in the light *352of common knowledge and experience. The rule is to be applied which requires the exercise of such care as men of common prudence usually exercise in positions of like exposure and danger. The question is in most cases a question to be submitted to the jury, but when the circumstances are not…
2Cases cited1 opinion
- Baltimore City Passenger Railway Co. v. WilkinsonCourt of Appeals of Maryland · 1869
3Cited by19 opinions
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
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