McCarthy v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff from being thrown down by the starting of a box • electric street car of the defendant while she was in the act of entering it. Writ dated March 5, 1908. In the Superior Court the case was tried before Lana, J. The plaintiff was the only witness who testified as to facts bearing on the question of liability of the defendant. The facts are stated in the opinion.
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Tort for personal injuries alleged to have been received by the plaintiff from being thrown down by the starting of a box • electric street car of the defendant while she was in the act of entering it. Writ dated March 5, 1908. In the Superior Court the case was tried before Lana, J. The plaintiff was the only witness who testified as to facts bearing on the question of liability of the defendant. The facts are stated in the opinion. “At the close of the plaintiff’s case the presiding judge ordered a verdict for the defendant without requiring the defendant to rest, and at the request of the…
1Opinion of the CourtSheldon, J.
Taking the evidence, as upon this report it must be taken, most favorably for the plaintiff, the jury could have found that she attempted to board the defendant’s car in *513full sight of the conductor and while it was at a standstill; but that before she had got fairly upon the car, as soon as she had put her foot upon the second step at the rear entrance, the conductor gave the signal for the car to start, and it started with so sudden and violent a jerk as to throw her down and injure her, although as might have been found she had hold upon the handle of the door. From these facts, the jury…
2Cases cited6 opinions
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Black v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Lacour v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Rand v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Tupper v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reardon v. ShimelmanSupreme Court of Connecticut · 1925
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Pinto v. BrennanMassachusetts Supreme Judicial Court · 1926
- Vine v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Young v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.