Martin v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on February 28, 1912, at about noon, when the plaintiff had boarded as a passenger a street railway box car of the defendant at the Church Street stopping place of the defendant in Boston, and alleged to have been caused by negligence of the servants of the defendant in starting the car suddenly before the plaintiff had had time to enter the body of the car from its rear vestibule.
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Tort for personal injuries sustained on February 28, 1912, at about noon, when the plaintiff had boarded as a passenger a street railway box car of the defendant at the Church Street stopping place of the defendant in Boston, and alleged to have been caused by negligence of the servants of the defendant in starting the car suddenly before the plaintiff had had time to enter the body of the car from its rear vestibule. Writ dated August 12,1912. In the Superior Court the case was tried before Fox, J. At the close of the plaintiff’s evidence, which is described in the opinion, the defendant…
1Opinion of the CourtDe Courcy, J.
The only question in controversy is whether the trial judge should have ruled as matter of law that the conductor was not negligent as to the time of starting the car, instead of leaving that issue to the jury as a question of fact.
These are the facts. At about noon on February 28,1912, a car of the defendant, bound from the Park Street subway to Arlington Heights, came to a stop at Church Street to discharge and receive passengers. The plaintiff’s married daughter and the latter’s little boy boarded the rear vestibule and entered the car. The plaintiff followed as far as the vestibule, with…
2Cases cited1 opinion
- Sauvan v. Citizens' Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
3Cited by16 opinions
- Beam v. Wausau Insurance Co.Indiana Supreme Court · 2002
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- O'Neill v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Mass Transit Administration v. MillerCourt of Appeals of Maryland · 1974
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