Jacobs v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions OE tort, one by Miriam Jacobs to recover for personal injuries received in falling from a street cab of the defendant while attempting to alight therefrom at Roxbury Crossing in Boston, and the other by the husband of said Miriam to recover for expenses of medical attendance and nursing, and •for loss of service.
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Two actions OE tort, one by Miriam Jacobs to recover for personal injuries received in falling from a street cab of the defendant while attempting to alight therefrom at Roxbury Crossing in Boston, and the other by the husband of said Miriam to recover for expenses of medical attendance and nursing, and •for loss of service. Writs dated October 22, 1898. The two cases were tried together in the Superior Court, before Lawton, J. It appeared that the accident happened while an overcrowded outward-bound car of the defendant was discharging and receiving passengers at Roxbury Crossing between…
1Opinion of the CourtLoring, J.
This is an exceedingly close case. On the one hand as street cars are run, it is not negligent to take on passengers when all the seats are occupied, when there is no more standing room in the passageway of the car and the new passengers have to stand on the platforms and even on the steps; Meesel v. Lynn & Boston Railroad, 8 Allen, 234; furthermore a passenger takes the risks incident to the mode of travel he chooses to adopt, as for example the risk of being injured in the removal of an objectionable passenger from a crowded car. Spade v. Lynn & Boston Railroad, 172 Mass. 488. On the other…
2Cases cited8 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Pray v. Omaha Street Railway Co.Nebraska Supreme Court · 1895
- Hansen v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1900
- Reem v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
- Treat v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- McCumber v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Thomas v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Tompkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
8 more not listed; retrieve them via the Exa API.