Jackson v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries suffered, as described in the opinion, by reason of the action of a crowd in the Scollay Square subway station of the defendant when the plaintiff was about to take a train. The second action was for consequential damages alleged to have been suffered by the husband of the plaintiff in the first action.
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Two actions of tort, the first for personal injuries suffered, as described in the opinion, by reason of the action of a crowd in the Scollay Square subway station of the defendant when the plaintiff was about to take a train. The second action was for consequential damages alleged to have been suffered by the husband of the plaintiff in the first action. Writs dated October 19, 1911. In the Superior Court the cases were tried together before Hall, J. The evidence is described in the opinion. At the close of the plaintiff’s evidence, the judge ordered a verdict for the defendant; and the…
1Opinion of the CourtBraley, J.
The plaintiff in the second action is not entitled to consequential damages unless his wife, the plaintiff in the first action, can recover for personal injuries suffered while she was a passenger on the defendant’s railway. The defendant contends that the verdict ordered by the trial judge should stand as there was no evidence of its negligence. If a view of the evidence most favorable to her is taken, the jury would have been warranted in finding that, upon entering the defendant’s station carrying an infant child on her left arm, she found herself in the midst of a crowd filling the…
2Cases cited13 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Lyons v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Hotenbrink v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Thibeault v. PooleMassachusetts Supreme Judicial Court · 1933
- Lansburgh & Bro. v. ClarkCourt of Appeals for the D.C. Circuit · 1942
- MacGilvray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Leach v. School District No. 322Washington Supreme Court · 1938
22 more not listed; retrieve them via the Exa API.