Ellis v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servants. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant’s servants. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. It was agreed that the defendant was a common carrier of passengers and operating a street railway; that it had a lawful location upon Beach Street, in Lynn, and a proper and legal authority to establish in and upon Beach Street an overhead or trolley system of electric power, and to operate its cars by that system ; that Beach Street was a legally located public way; and that…
1Opinion of the CourtKnowlton, J.
Although there was some conflict of evidence in this case, the jury may have found that the plaintiff, having no reason to think it unsafe to do so, drove down a street in the city of Lynn on which was an electric railway and there met one of the defendant’s open electric cars filled with passengers, on which the motorman was continually sounding the gong; that his horse was frightened at the car and at the noise of the motor and of the gong, and manifested its fear in such away as to show the motorman that the plaintiff and his daughter who was riding with him were in great peril, and that…
2Cited by19 opinions
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- O'Brien v. Blue Hill Street Railway Co.Massachusetts Supreme Judicial Court · 1904
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