Winship v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while upon the platform of the defendant’s station at Quincy. Trial in the Superior Court, before Bishop, J., who ruled that the plaintiff was not entitled to recover; directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, the case was to stand for trial.
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Tort, for personal injuries occasioned to the plaintiff while upon the platform of the defendant’s station at Quincy. Trial in the Superior Court, before Bishop, J., who ruled that the plaintiff was not entitled to recover; directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, the case was to stand for trial. The facts appear in the opinion. The case was argued at the bar in December, 1897, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries received by the plaintiff while a passenger on the defendant’s train. She had been directed by the conductor to take the rear car in order to be carried to Randolph, her destination. When the train stopped at Quincy she had got out and was going toward *465the rear of the train when she was struck by a bundle which was thrown from one of the cars.
The judge ruled that the defendant was not liable, undoubtedly on the assumption that it was not controverted that the bundle was thrown from an express and baggage car which was on the train. On that assumption…
2Cited by16 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Armstrong v. WallaceCalifornia Court of Appeal · 1935
- Whitney v. Northwest Greyhound Lines, Inc.Montana Supreme Court · 1952
- Osborne v. CharbneauWashington Supreme Court · 1928
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