Albert v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, against a street railway company for personal injuries, by a newsboy twelve years of age when injured, from falling or being thrown from an open electric car of the defendant by reason of the alleged negligence of the defendant’s agents or servants. Writ dated September 9, 1898. In the Superior Court the case was tried before Richardson, J., who ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the Court
Knowltoít, C. J.
The plaintiff, a newsboy twelve years of age, jumped upon the running board of an ordinary open street car as it was passing through Congress Street near State Street in Boston, for the purpose of selling his papers. He testified that he was in the habit of jumping on and off such cars when they were in motion. The testimony showed that the car was going at about its usual rate of speed, which we suppose was not great in that busy part of the city. There was no evidence that the speed was increased or diminished after he attempted to get on until after the accident. As he was…
2Cases cited6 opinions
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Metcalfe v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1888
- Heinlein v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1888
- Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Mugford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Bjornquist v. Boston & A. R.Court of Appeals for the First Circuit · 1918
- Sullivan v. MosnerCourt of Appeals of Maryland · 1972
- Massell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Doherty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
5 more not listed; retrieve them via the Exa API.