Cram v. Metropolitan Railroad
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries received in getting off the defendants’ horse-car. It appeared at the trial in this court, before Morton, J., that the plaintiff, who at the time of the injury was a child about six and a half years old, was a passenger upon one of the cars of the defendant; that he was riding, with the knowledge of his mother, unattended; that he got off the front platform while the car,was in motion ; that he fell beneath the wheels, and that his leg…
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Tort to recover for personal injuries received in getting off the defendants’ horse-car. It appeared at the trial in this court, before Morton, J., that the plaintiff, who at the time of the injury was a child about six and a half years old, was a passenger upon one of the cars of the defendant; that he was riding, with the knowledge of his mother, unattended; that he got off the front platform while the car,was in motion ; that he fell beneath the wheels, and that his leg was so crushed that it was necessary to amputate it. According to the testimony of the boy, which was disputed, when the…
1Opinion of the CourtGray, J.
The proposition, stated at the end of the defendants’ fourth request for instructions, that if the conductor refused to stop the car, when asked by the child, it would not be a justification to the child for getting off the car, when in full motion, from the front platform, was strictly correct, and applicable to the case. The instructions given did not meet this part of the request otherwise than by instructing the jury that if the conductor, being requested by the boy to stop the car, neglected or wilfully refused to stop it, he was guilty of an act of negligence, for which the company…
2Cited by3 opinions
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
- Gallagher v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Rathbone v. Union Railroad Co.Supreme Court of Rhode Island · 1882