Legal Opinion

Smith v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided June 22, 1909PublishedCited by 6 opinions

Tort for injuries received from being run into from behind by a street railway car of the defendant. Writ in the Municipal Court of the city of Boston dated July 13,1907. The case was tried before Crosby, J., who, at the close of the evidence, ordered a verdict for the defendant. The plaintiff alleged exceptions.

1Opinion of the CourtLoring, J.

On his own story, the plaintiff started from the westerly sidewalk of Washington Street to cross that street on a crosswalk just south of Massachusetts Avenue. Two surface tracks of the defendant railway run in the centre of that street with a platform between them, leading to the entrance to an overhead station of the defendant company’s elevated railway. The plaintiff was on his way to this station. After walking on the crosswalk to a point ten feet short of the westerly rail of the westerly track, he left the crosswalk and proceeded first in a diagonal direction toward the westerly rail,…

2Cases cited10 opinions

  1. Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
  2. Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
  4. McCrohan v. DavisonMassachusetts Supreme Judicial Court · 1905
  5. Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904

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3Cited by6 opinions

  1. Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
  2. O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  3. Ferguson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  4. Magner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  5. Ristuccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1933

1 more not listed; retrieve them via the Exa API.

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