Whitney v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on August 10, 1909, by reason of the negligence of the defendant’s servants in letting fall upon the plaintiff a side bar of an open car of the defendant in which the plaintiff was a passenger. Writ in the Municipal Court of the City of Boston, dated September 3, 1909. On appeal to the Superior Court the case was tried before Morton, J., without a jury.
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Tort for personal injuries alleged to have been sustained by the plaintiff on August 10, 1909, by reason of the negligence of the defendant’s servants in letting fall upon the plaintiff a side bar of an open car of the defendant in which the plaintiff was a passenger. Writ in the Municipal Court of the City of Boston, dated September 3, 1909. On appeal to the Superior Court the case was tried before Morton, J., without a jury. At the close of the evidence, which is described in the opinion, the defendant asked the judge to rule that upon the evidence and the pleadings as matter of law the…
1Opinion of the CourtKnowlton, C. J.
The only question in this case is whether the evidence warranted a finding for the plaintiff. She testified that she was a passenger on one of the defendant’s open cars, in the front seat at the left hand side of the car, and that, as the car was leaving the subway going southward and was going out near Pleasant Street, the bar on that side of the car, which had been lip, was dropped down so that it struck her on her shoulder and injured her. There is no doubt, upon her testimony, that she was in the exercise of due care.
The defendant contends that her case was not made out, be*117cause she was…
2Cited by3 opinions
- Thorson v. Groton & Stonington Street Railway Co.Supreme Court of Connecticut · 1911
- Davies v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
- Marchulonis v. AdamsWest Virginia Supreme Court · 1924