Madden v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being struck by an incoming electric car of the defendant on Washington Street in Boston after alighting from an outgoing car. Writ dated November 15, 1901. In the Superior Court the case was tried before Bishop, J. The plaintiff was about sixty years of age.
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Tort for personal injuries from being struck by an incoming electric car of the defendant on Washington Street in Boston after alighting from an outgoing car. Writ dated November 15, 1901. In the Superior Court the case was tried before Bishop, J. The plaintiff was about sixty years of age. She testified that on May 23,1901, she was a passenger upon an outbound open car of the defendant and was going to the Pope’s Jubilee in the Cathedral on Washington Street; that the car stopped at Union Park Street, the stopping place for the Cathedral, and the plaintiff got off; that she got off on the…
1Opinion of the CourtMorton, J.
It is plain, we think, that the plaintiff was not in the exercise of due care. She attempted to cross the track in front of a car which was a car length or a little more away and which was coming as she testified “ rather fast,” and was struck and knocked down before she got across. She testified, amongst other things, as we understand her testimony, that she thought that she had plenty of timé to get across, and she relied on the motorman slowing or slackening up and she chanced it. She was familiar with the way cars ran in that locality and there was no exigency which compelled her to cross…
2Cases cited2 opinions
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
3Cited by11 opinions
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Rundgren v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Lunderkin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
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