Davis v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on July 6, 1912, from being struck in the left eye by a piece of metal alleged to have been thrown from the defendant’s car by reason of an explosion of a fuse box.
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Tort for personal injuries sustained by the plaintiff on July 6, 1912, from being struck in the left eye by a piece of metal alleged to have been thrown from the defendant’s car by reason of an explosion of a fuse box. Writ dated August 6, 1912. In the Superior Court, the action first was tried before McLaughlin, J., when the jury found for the plaintiff in the sum of $1,000. On motion by the defendant, the verdict was set aside on the ground that it was against the evidence and the weight of the evidence, and a new trial was ordered. At the second trial, which was before Irwin, J., the jury…
1Opinion of the CourtRugg, C. J.
This case comes before us on the defendant’s bill of exceptions to proceedings had upon its motion for setting aside a verdict in favor of the plaintiff. The action is in tort for personal injuries alleged to have been received by the plaintiff through the blowing out of a fuse on one of the defendant’s cars, whereby a piece of lead was projected into his left eye. One defence was that the injury was caused by a bullet. It was conceded by the plaintiff that the defendant was not liable if that were the cause. The first trial to a jury resulted in a verdict for the plaintiff. That verdict was…
2Cases cited36 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Mills v. Magee Carpet Co.Massachusetts Supreme Judicial Court · 1916
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3Cited by334 opinions
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- Commonwealth v. GraceMassachusetts Supreme Judicial Court · 1986
- L.L., a juvenile v. CommonwealthMassachusetts Supreme Judicial Court · 2014
- Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
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