Mason v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from being knocked off the running board of an open electric car of the defendant by a pole of the defendant near the track, as the car was passing around a curve on Washington Street in that part of Gloucester called Annisquam. Writ dated October 29,1903. At the trial in the Superior Court DeCourcy, J. refused to order a verdict for the defendant.
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Tort for personal injuries from being knocked off the running board of an open electric car of the defendant by a pole of the defendant near the track, as the car was passing around a curve on Washington Street in that part of Gloucester called Annisquam. Writ dated October 29,1903. At the trial in the Superior Court DeCourcy, J. refused to order a verdict for the defendant. The jury returned a verdict for the plaintiff in the sum of $2,000; and the defendant alleged exceptions.
1Opinion of the CourtSheldon, J.
The plaintiff was a passenger on an open car of the defendant. The car was a long one, and was crowded when he got upon it, and at first he stood upon the running board on the right hand side of the ear. Later he took a position with his back towards the front of the car near the end of the seat which had for its back the partition behind the motorman, with one foot inside the car, and the other hanging over the side of the car. He paid his fare while standing on the running board. The plaintiff’s evidence tended to show that when the car was about seventy or seventy-five feet from the place…
2Cases cited11 opinions
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
- Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
- Parks v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Cummings v. Wichita Railroad & LightSupreme Court of Kansas · 1904
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3Cited by6 opinions
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Pomeroy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Harrison v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
- Heshion v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Cameron v. Lewiston, Brunswick & Bath Street RailwaySupreme Judicial Court of Maine · 1908
1 more not listed; retrieve them via the Exa API.