LaPointe v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by a passenger for injuries alleged to have been caused by the sudden starting of a train of the defendant when the plaintiff was about to alight therefrom. Writ dated March 19, 1900. By a decision of this court reported in 179 Mass. 535, the exceptions of the defendant taken at the first trial of this case were sustained.
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Tort by a passenger for injuries alleged to have been caused by the sudden starting of a train of the defendant when the plaintiff was about to alight therefrom. Writ dated March 19, 1900. By a decision of this court reported in 179 Mass. 535, the exceptions of the defendant taken at the first trial of this case were sustained. At the new trial in the Superior Court Aiken, J., at the close of the evidence on both sides, ruled that upon the whole evidence the plaintiff was not in the exercise of due care, and ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtLathrop, J.
While the evidence in this case differs in some respects from that which was before us a year ago, yet we are of opinion that the judge was right in directing a verdict for the defendant. One point relied upon to show a difference in the evidence is that while the plaintiff testified at the first trial that she had admitted that her veil hindered her from seeing quickly enough that the train was really moving, she could not remember at the second trial that she had made such an admission, and further testified that her veil did not hinder her from seeing well. Another point relied upon is…
2Cases cited3 opinions
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Brown v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Sweat v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
- Freeman's National Bank v. National Tube Works Co.Massachusetts Supreme Judicial Court · 1890
- Storrs v. HinkCourt of Appeals of Maryland · 1934
- Anderson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
- Friend v. Boston & Maine RailroadMassachusetts District Court, Appellate Division · 1948