Wadsworth v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by a passenger in an electric car of the defendant for an injury caused in the manner described'by the court. Writ in the Municipal Court of the City of Boston dated June 26,1901. On appeal to the Superior Court the case was tried before Maynard, J., who refused to rule that as a matter of law the plaintiff could not recover, and submitted the case to the jury. The jury returned a verdict for the plaintiff in the sum of $425; and the defendant alleged exceptions.
1Opinion of the CourtMorton, J.
This is an action of tort for personal injuries received on May 17, 1901, by the plaintiff while riding in one of the defendant’s open cars in Boston. The plaintiff’s testimony tended to show that she boarded the car in Dewey Square and as it reached the side door of the South Station some shavings, sawdust and a piece of wood fell from overhead and the sawdust blew into the car and got into her eye causing the injuries complained of. On cross-examination the plaintiff testified that it seemed as though it had been thrown down after the man got through his work, and that the wind carried it…
2Cases cited8 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Hogan v. Manhattan Railway Co.New York Court of Appeals · 1896
- Kendall v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Jager v. AdamsMassachusetts Supreme Judicial Court · 1877
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3Cited by38 opinions
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- Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Glowacki v. North Western Ohio Ry. & Power Co.Ohio Supreme Court · 1927
- Walker v. Benz Kid Co.Massachusetts Supreme Judicial Court · 1932
- Actiesselskabet Ingrid v. Central R.Court of Appeals for the Second Circuit · 1914
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