Heshion v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received while the plaintiff was on the running board of an open car of the defendant, and due to his being struck by the pole of a cart on Cambridge Street in Boston. Writ dated July 18,1907. In the Superior Court the case was tried before Sherman, J. The facts are stated in the opinion.
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Tort for personal injuries received while the plaintiff was on the running board of an open car of the defendant, and due to his being struck by the pole of a cart on Cambridge Street in Boston. Writ dated July 18,1907. In the Superior Court the case was tried before Sherman, J. The facts are stated in the opinion. At the close of the evidence the presiding judge ordered a verdict for the defendant and reported the case for determination by this court, judgment to be entered on the verdict if his ruling was correct; otherwise, a new trial to be granted.
1Opinion of the CourtSheldon, J.
If we assume that there was evidence of negligence of the defendant’s servants in driving their car past the projecting pole of the cart, we come to the question whether there was evidence of the plaintiff’s due care.
In the absence of any special circumstances, such as a regulation of , the railway company properly published or brought to the knowledge of the passenger ( Cutts v. Boston Elevated Railway, 202 Mass. 450), or the existence of known or probable dangers calling for special care to avoid them, it is for the jury to determine the negligence or due care of a passenger who is riding…
2Cases cited7 opinions
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Pomeroy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Beal v. Lowell & Dracut Street Railway Co.Massachusetts Supreme Judicial Court · 1892
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3Cited by5 opinions
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Vahey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Dalton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Young v. American Express Co.Supreme Court of New Hampshire · 1913
- Davis v. Columbus Railway & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1913