McGann v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort against a street railway company for personal injuries incurred on October 24, 1903, while being transported as a passenger on a car of the defendant, by reason of alleged negligence in the operation of the car. Writ dated December 18, 1903. In the Superior Court the case was tried before Pierce, J., who refused to order a verdict for the defendant or to rule that there was no evidence of negligence on the part of the motorman or on the part of the conductor.
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Tort against a street railway company for personal injuries incurred on October 24, 1903, while being transported as a passenger on a car of the defendant, by reason of alleged negligence in the operation of the car. Writ dated December 18, 1903. In the Superior Court the case was tried before Pierce, J., who refused to order a verdict for the defendant or to rule that there was no evidence of negligence on the part of the motorman or on the part of the conductor. He submitted the case to the jury, who returned a verdict for the plaintiff in the sum of $2,000. The defendant alleged exceptions.
1Opinion of the CourtLoring, J.
This action is brought by a passenger to recover for injuries suffered by him when he was thrown or fell from a car of the defendant at about eight o’clock in the evening of October 24, 1903.
The car in question was a closed car operated by electricity. The plaintiff got on at Watertown Square, intending to get off at Cottage Street in East Watertown.
The car in question was running east on Mount Auburn Street. The white post for the stopping place next before Cottage Street is at School Lane. Cottage Street is six hundred and thirty feet further on than School Lane. The plaintiff was thrown…
2Cases cited12 opinions
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Consolidated Traction Co. v. ThalheimerSupreme Court of New Jersey · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Seidenberg v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
- Cuddyer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1943
- Anderson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Hunt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
30 more not listed; retrieve them via the Exa API.