McDermott v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on March 16,1909, by reason of the sudden starting of a box car of the defendant, on which the plaintiff was a passenger, while she was in the act of alighting from it.
Read the full summary
Tort for personal injuries alleged to have been sustained by the plaintiff on March 16,1909, by reason of the sudden starting of a box car of the defendant, on which the plaintiff was a passenger, while she was in the act of alighting from it. Writ dated April 16, 1909. In the Superior Court the case was tried before Morton, J., who at the close of the plaintiff’s evidence ordered a verdict for the defendant on the ground that there was no evidence of negligence on the part of the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtSheldon, J.
The jury could have found that the car had stopped for the apparent purpose of allowing passengers to alight; that while the car had been approaching the transfer station which was a regular stopping place, the plaintiff had risen from her seat and come to the door in order to be ready to step out as soon as the car should have stopped; that, as she was about to step into the vestibule of the car, the conductor barred her passage by putting his arm across the door and his hand upon it, and so holding it until the car had come to a complete stop; that the conductor then removed his hand and…
2Cases cited8 opinions
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Curtin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Black v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Barden v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1877
- Floytrup v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Killam v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Vine v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1912
4 more not listed; retrieve them via the Exa API.