Fallon v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by reason of the alleged negligence of the motorman of a street car operated by electricity belonging to the defendant, of. which car the plaintiff was conductor. Trial in the Superior Court, before Hardy, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The plaintiff contends that a street railway car operated by electricity upon a street railway track is a “ locomotive engine or train upon a railroad, ” within the meaning of St. 1887, c. 270, § 1, cl. 3. So far as any definition has been given by statute to the word “ railroad ” it has been confined to railroads operated by steam. Pub. Sts. c. 112, § 1. It is true that this is declared to be the meaning of the word for that and the following chapter, and that in other cases the word has been held to include street railways. Central National Bank v. Worcester Horse Railroad, 13 Allen, 105.…
2Cited by16 opinions
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- Libby v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1930
- Norfolk & Portsmouth Traction Co. v. Ellington's AdministratorSupreme Court of Virginia · 1908
- Indianapolis & Greenfield Rapid Transit Co. v. AndisIndiana Court of Appeals · 1904
- Lininger v. San Francisco, Vallejo & Napa Valley RailroadCalifornia Court of Appeal · 1912
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