Falkins v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, by a woman twenty-three yeai-s old, for injuries received on August 1, 1901, about 10.15 A. M., from her left leg going down into the space between two cars of the defendant, stopping at the Park Street station in the subway in Boston, when the plaintiff had started to pass from one car to the other after a guard of the defendant had called out “ This is a smoker; pass through.”
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Tort, by a woman twenty-three yeai-s old, for injuries received on August 1, 1901, about 10.15 A. M., from her left leg going down into the space between two cars of the defendant, stopping at the Park Street station in the subway in Boston, when the plaintiff had started to pass from one car to the other after a guard of the defendant had called out “ This is a smoker; pass through.” Writ dated April 10,1902. In the Superior Court the case was tried before Holmes, J. At the close of the evidence the defendant requested the following rulings, with others which were given by the judge: “ 1.…
1Opinion of the Court
Knowlton, O. J.
Since the trial in this case before a jury, the exceptions in Welch v. Boston Elevated Railway, 187 Mass. 118, have been considered by this court and a decision announced which covers substantially all the questions raised at this trial.
The plaintiff was injured by stepping down in the space between two cars of a train on the elevated railway, while passing from one car to another at a station. These cars run upon an elevated track through much of their course, and they also pass through the subway and run around sharp curves and on steep grades which were made necessary by the…
2Cases cited1 opinion
- Welch v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
3Cited by10 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Knych v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1946
- Kingsley v. Delaware, Lackawanna & Western RailroadSupreme Court of New Jersey · 1911
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