Legal Opinion

Spinney v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided April 7, 1905PublishedCited by 13 opinions

Tort for personal injuries while the plaintiff was a passenger on a car of the defendant on February 7,1902, alleged to have been caused by the negligence of the conductor of the car and of other servants of the defendant. Writ dated April 1, 1902. At the trial in the Superior Court before Bishop, J. the jury returned a verdict for the defendant; and the plaintiff alleged exceptions in two bills as stated by the court.

1Opinion of the CourtBarker, J.

The action is for personal injuries alleged to have been received by a passenger in an electric street car at the crossing of Massachusetts and Huntington Avenues in Boston. There was no dispute that the plaintiff was standing in the car, all the seats being occupied by passengers. She was thrown to the floor because of a jolt or jolts of the car as it moved over the crossing. As to other circumstances the evidence was contradictory, tending to prove, on the one hand, that the plaintiff and the conductor were the only persons standing in the aisle, the plaintiff being near the rear end and…

2Cases cited6 opinions

  1. Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
  2. Robbins v. Brockton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
  3. Fels v. RaymondMassachusetts Supreme Judicial Court · 1885
  4. Harding v. MorrillMassachusetts Supreme Judicial Court · 1884
  5. Harding v. NoyesMassachusetts Supreme Judicial Court · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  2. Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
  3. Hurley v. Connecticut Co.Supreme Court of Connecticut · 1934
  4. Marko v. Stop & Shop, Inc.Supreme Court of Connecticut · 1975
  5. Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API