Larson v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions op tort, the first by a married woman for personal injuries sustained by her on September 18, 1909, when she was a passenger in a car of a train of the defendant at the Northampton Street station in Boston of the elevated railway operated by the defendant, from the plaintiff’s hand being caught between the sliding side door of the car and the casing into which the door opened, by reason of the alleged negligence of the servants of the defendant, and the second…
Read the full summary
Two actions op tort, the first by a married woman for personal injuries sustained by her on September 18, 1909, when she was a passenger in a car of a train of the defendant at the Northampton Street station in Boston of the elevated railway operated by the defendant, from the plaintiff’s hand being caught between the sliding side door of the car and the casing into which the door opened, by reason of the alleged negligence of the servants of the defendant, and the second action by the husband of the plaintiff in the first action for consequential damages. Writs dated October 12, 1909. In the…
1Opinion of the CourtSheldon, J.
The jury had a right to find that the female plaintiff was in the exercise of due care and had not assumed the risk of the accident which happened. The fact that she had left her *266seat and walked to the door of the car as it approached the station was not decisive against her. Barden v. Boston, Clinton & Fitchburg Railroad, 121 Mass. 426. Worthen v. Grand Trunk Railway, 125 Mass. 99. Her putting her hand upon the door was an involuntary act done to steady herself when the lurch of the car threw her against the door. This presented a question for the jury.
There was also evidence of negligence…
2Cases cited25 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
20 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Behan v. John B. Honor Co.Supreme Court of Louisiana · 1917
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
43 more not listed; retrieve them via the Exa API.