Marshall v. Boston & Worcester Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred while a passenger on an electric car of the defendant which left the rails owing to a wheel being loose upon an axle, the wheel having been manufactured and pressed upon the axle and the axle and wheel having been supplied to the defendant by the National Cog Wheel Company, a reputable manufacturer and dealer.
Read the full summary
Tort for personal injuries incurred while a passenger on an electric car of the defendant which left the rails owing to a wheel being loose upon an axle, the wheel having been manufactured and pressed upon the axle and the axle and wheel having been supplied to the defendant by the National Cog Wheel Company, a reputable manufacturer and dealer. Writ dated July 15, 1904. In the Superior Court the case was tried before Hardy, J. The substance of the evidence and the instructions of the judge are described in the opinion. The jury returned a verdict for the defendant, and by agreement of the…
1Opinion of the CourtBraley, J.
The plaintiff while being transported as a passenger was injured by the derailment of the defendant’s car owing to a wheel on one of the trucks being loose. In the operation of its road, the defendant bought of a reputable manufacturer the cars with their equipment, and such appliances as might be required to maintain them in suitable repair. By the *286process of manufacture the wheels were forced on to the axle under such a pressure that if properly adjusted they remained rigid, and when in use instead of revolving on the axle as a centre, turned with it. Upon purchase they were placed under…
2Cases cited6 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Buckland v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Gardner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
15 more not listed; retrieve them via the Exa API.