Niland v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while he was a passenger on a box electric street car of the defendant Boston Elevated Railway Company and to have been caused by the car and an ice wagon of the other defendant, the Boston Ice Company, coming into collision.
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Tort for personal injuries alleged to have been received by the plaintiff while he was a passenger on a box electric street car of the defendant Boston Elevated Railway Company and to have been caused by the car and an ice wagon of the other defendant, the Boston Ice Company, coming into collision. Writ in the Municipal Court of the Roxbury District of the City of Boston dated June 14, 1907. On appeal to the Superior Court, the case was prosecuted against the Boston Elevated Railway Company only, and was tried before Pierce, J. All facts necessary for an understanding of the decision are…
1Opinion of the CourtRugg, J.
There was evidence tending to show that the plaintiff, while a passenger upon one of the defendant’s surface cars, was injured by its sudden stopping incident to a collision with an ice wagon, left unattended in the street. There was ample evidence to support a finding that the accident occurred through the sudden movement of the horses attached to the ice wagon which brought one of them without warning upon the track in front' of the car, and that the motorman then quickly stopped his car, which was not going at an excessive rate of speed. If these were the facts, the defendant would not be…
2Cases cited4 opinions
- Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- White v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Clark v. JenkinsMassachusetts Supreme Judicial Court · 1894
3Cited by20 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Hartmann v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1948
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Holton v. ShepardMassachusetts Supreme Judicial Court · 1935
- Salem Trust Co. v. DeeryMassachusetts Supreme Judicial Court · 1935
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