Welch v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received in the subway in Boston while the plaintiff was a passenger on an elevated train of the defendant.
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Tort for personal injuries alleged to have been received in the subway in Boston while the plaintiff was a passenger on an elevated train of the defendant. Writ dated February 27, 1902. At the trial in the Superior Court before Mason, C. J., the plaintiff testified that she entered the Scollay Square station of the defendant for south bound trains about five o’clock in the afternoon on February 8, 1902 ; that she boarded the front platform of the last car of the train, and took a step or two in that car before she discovered that it was the smoking ear ; that she then turned and started…
1Opinion of the Court
By the Court.
The testimony of the plaintiff and her daughter furnished no evidence of negligence on the part of the defendant. It is at least very questionable whether there was any evidence that the plaintiff was in the exercise of due care.
Exceptions overruled.
2Cited by7 opinions
- Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Willworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Knych v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1946
- Falkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hawes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
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