Gatchell v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received when the plaintiff fell as she was alighting from a street car of the defendant at the Scol-Iay Square station in the subway in Boston. Writ dated March 27, 1918. In the Superior Court, the action was tried before Irwin, J. Material evidence is described in the opinion. At the close of the evidence, by order of the judge, a verdict was entered for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtJenney, J.
On January 20, 1918, the plaintiff, fifty-three years old, was a passenger of the defendant in a “tall, long, old fashioned pre-payment car with high steps.” She had with her her grandchild of three. As the plaintiff was alighting from the car in the subway station in Boston at Scollay Square, she held in her arms the child, who was shaking with cold and crying. When she started to alight, the passengers, few in number, had already left the car, except possibly one. The conductor was standing in the rear of the car, and she passed him before her accident. “When she stepped on to the steps…
2Cases cited5 opinions
- Hotenbrink v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Selby v. Detroit RailwayMichigan Supreme Court · 1899
- Hawes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Moody v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Jarmy v. Duluth Street Railway Co.Supreme Court of Minnesota · 1893
3Cited by5 opinions
- Tefft v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1934
- Kinnarney v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1922
- Baglio v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Mitchell v. PacherMassachusetts District Court, Appellate Division · 1964
- Lewis v. Greene Taxi Service, Inc.Massachusetts District Court, Appellate Division · 1966