Wilton v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Tort against a street railroad corporation for personal injuries alleged to have been received by the plaintiff through the negligence of the driver of one of the defendants’ horse-cars.
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Tort against a street railroad corporation for personal injuries alleged to have been received by the plaintiff through the negligence of the driver of one of the defendants’ horse-cars. At the trial in this court, the plaintiff offered to prove “ that on July 16,1868, at which time she was nine years of age, she went out about seven o’clock in the evening to walk; that she was in company with four or five other girls, on the Charlestown bridge, and near the draw, and one of the defendants’ cars came along very slowly; that there were no passengers on the platform, and the driver beckoned to…
1Opinion of the CourtMorton, J.
The plaintiff was injured while riding upon one of the defendants’ cars. At the trial, she offered to prove that she was in the exercise of due care, and that the driver of the cm was careless. For the purposes of this hearing, therefore, we are to assume that she was injured by the negligence of a servant of the defendants, in the course of his employment; and that her own want of care did not contribute to the injury. It follows, that she can maintain this action ; unless we sustain the position taken by the defendants, that she was unlawfully upon the car, and therefore not entitled to…
2Cases cited2 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by67 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Tennessee Central Railroad v. VanhoyTennessee Supreme Court · 1920
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
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