McDonough v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OE TORT for personal injuries received by the plaintiffs while they were passengers upon an electric street car of the defendant.
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Two actions OE TORT for personal injuries received by the plaintiffs while they were passengers upon an electric street car of the defendant. Writs dated December 21,1907. In the Superior Court the cases were partly tried together before White, J., upon declarations in each case containing two counts, the first alleging that the injuries to the plaintiffs were “by reason of the negligence of the defendant, its agents or servants in operating and controlling said car, and in controlling the electric current by which said car was propelled, the plaintiff received a severe electric shock”; and…
1Opinion of the CourtLoring, J.
These were two actions tried together. Both the plaintiffs were sitting on the smokers’ seat in the rear of the cross seats of one of the defendant’s semi-convertible cars at the time of the accident here complained of. McDonough was sih ting at the forward end of the smokers’ seat next the first cross seat. Manser was sitting next to him, and one Mulligan, who was called as a witness by the plaintiffs, sat in the corner. Of a sudden Manser fell forward into the aisle holding on to his head and McDonough felt a blow or shock and came to in a doctor’s office. One of his arms was broken in…
2Cases cited1 opinion
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
3Cited by17 opinions
- United States v. HullCourt of Appeals for the First Circuit · 1952
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Mares v. New Mexico Public Service Co.New Mexico Supreme Court · 1938
- Chaisson v. WilliamsSupreme Judicial Court of Maine · 1931
- Gilchrist v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1930
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