Clish v. Boston, Revere Beach & Lynn Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on April 1, 1912, when the plaintiff, who was a woman sixty-five years of age, was a passenger of the defendant and was waiting for her train on the platform of the defendant’s station at Orient Heights in the part of Boston called East Boston, from being struck and knocked down by reason of the alleged negligence of an agent or servant of the defendant.
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Tort for personal injuries sustained on April 1, 1912, when the plaintiff, who was a woman sixty-five years of age, was a passenger of the defendant and was waiting for her train on the platform of the defendant’s station at Orient Heights in the part of Boston called East Boston, from being struck and knocked down by reason of the alleged negligence of an agent or servant of the defendant. Writ dated May 23, 1912. In the Superior Court the case was tried before Keating, J. The facts which could have been found upon the evidence are stated in the opinion. Fitzgerald, mentioned in the opinion,…
1Opinion of the CourtDe Courcy, J.
The verdict indicates that the jury did not accept the defendant’s version of the accident, which was that the plaintiff’s injury was caused by a sudden and unavoidable act of violence on the part of a drunken man while he was being properly removed from the defendant’s premises. See Cobb v. Boston Elevated Railway, 179 Mass. 212.
There was testimony which, if believed, warranted the jury in finding the following facts: One Henry was drunk and disorderly in the Orient Heights station of the defendant. After some resistance he was placed under arrest by Fitzgerald, a special officer in the…
2Cases cited2 opinions
- Thayer v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Cobb v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1901
3Cited by2 opinions
- Zygmuntowicz v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1922
- Feeney v. MehlingerSupreme Court of Minnesota · 1917