Murphy v. Union Railway Co.
Massachusetts Supreme Judicial Court
Tort against a street railway corporation for injuries sustained by reason of an attempt on the part of a conductor to eject the plaintiff from one of its cars while in motion.
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Tort against a street railway corporation for injuries sustained by reason of an attempt on the part of a conductor to eject the plaintiff from one of its cars while in motion. At the trial in this court, before Morton, J., there was evidence tending to show that the plaintiff was a passenger in the car; that he was intoxicated to a degree that rendered him offensive to other passengers, and that the conductor undertook to remove him from the car by pushing him backward from the rear platform thereof while the same was in rapid motion along Leverett Street in Boston; that the plaintiff, in…
1Opinion of the CourtDevens, J.
The injury to the plaintiff was not received by being ejected from the defendant’s car; according to the evidence in his behalf it occurred by his own act in his struggles to prevent his being ejected therefrom, the car being in rapid motion; while, according to the defendant’s evidence, the injury occurred by the reckless act of the plaintiff before any interference by the conductor or struggle with him, the car not being in motion when the plaintiff left.
The general instruction as to the right and duty of the conductor to eject the plaintiff from the horse-car if he entered it in a state of…
2Cases cited2 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Nichols v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by20 opinions
- Conner v. Citizens Street Railway Co.Indiana Supreme Court · 1886
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Connors v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1910
- Hillman v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1906
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
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