Fitzpatrick v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort for personal injuries alleged to have been received by the plaintiffs by reason of their being thrown from the back platform of a street car of the defendant by the sudden starting and jerking of the car as they were in the act of alighting. Writs dated June 16, 1913. In the Superior Court the cases were tried together before Chase, J. The material evidence and the exceptions of the defendant are described in the opinion.
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Two actions of tort for personal injuries alleged to have been received by the plaintiffs by reason of their being thrown from the back platform of a street car of the defendant by the sudden starting and jerking of the car as they were in the act of alighting. Writs dated June 16, 1913. In the Superior Court the cases were tried together before Chase, J. The material evidence and the exceptions of the defendant are described in the opinion. There was a verdict for the plaintiff in the first action in the sum of $1,200, of which the plaintiff remitted all in excess of $500, and for the…
1Opinion of the CourtPierce, J.
At the close of the evidence the defendant asked the court to rule:
“1. Upon all the evidence in the cases the plaintiffs are not entitled to recover.
“2. There is no evidence in these cases that the conductor of the car gave the signal for the car to start at the time the plaintiffs were alighting.
“3. There is no evidence in these cases that any negligence of the defendant, its agents or servants caused the car to start or jerk even if the jury should find it started or jerked.
“4. Upon all the evidence in these cases, no inference can be *477drawn against either the plaintiffs or the defendant for…
2Cases cited5 opinions
- Scovill v. BaldwinSupreme Court of Connecticut · 1858
- McKim v. FoleyMassachusetts Supreme Judicial Court · 1898
- Killam v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Jones v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by14 opinions
- Grady v. Collins Transportation Co. Inc.Massachusetts Supreme Judicial Court · 1960
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- London v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1919
- Heina v. Broadway Fruit Market, Inc.Massachusetts Supreme Judicial Court · 1939
- McGeorge v. Grand Realty Trust, Inc.Massachusetts Supreme Judicial Court · 1944
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