Timms v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being thrown from the rear platform of an electric street car of the defendant through the alleged negligence of the -defendant’s servants, with a second count which is quoted by the court. Writ dated November 11,, 1901. In the Superior Court Hardy, J. ruled that there- was- no evidence to go to the jury, and ordered a verdict for the- defendant.. The plaintiff alleged exceptions.
1Opinion of the CourtLathrop, J.
We need not- consider in this case- whether.' there was any evidence for the jury that the plaintiff was in the-exercise of due care, for we are of opinion that there was no evidence of negligence on the part of.the defendant, and that the plaintiff was not entitled to recover on either count of the declaration.
The evidence is that the car was not going at an excessive speed but was running along in the ordinary way, when the speed slackened, and seemed to slacken very suddenly, and there was a little jerk, and the plaintiff, who was standing near the edge of the rear platform, with his body…
2Cases cited1 opinion
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
3Cited by29 opinions
- Reardon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
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