Gurley v. Springfield Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries caused by the plaintiff falling into a pit in the defendant’s car barn as he was walking in the barn from one car to another.
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Tort, for personal injuries caused by the plaintiff falling into a pit in the defendant’s car barn as he was walking in the barn from one car to another. Writ dated October 4,1907. The case was tried before Schofield, J. The “day sheets” of two conductors, Foster and Murphy, offered in evidence by the defendant and excluded by the presiding judge as stated in the opinion, were sheets upon which the conductors were accustomed to record among other things any change of cars made during a trip. The sheets offered by the defendant were those kept by conductors on trips made during the time when…
1Opinion of the CourtSheldon, J.
The plaintiff was a passenger on one of the defendant’s cars going from Springfield to Holyoke. The plaintiff’s testimony was that this car, after making a part of the journey, was run into a car barn of the defendant, and passengers for Holyoke were directed there to take another car. The new car was an open car, and the bar on the side towards the plaintiff was down, so that passengers could not enter it on that side. The plaintiff went around the rear of the car for the purpose of boarding it, and fell into an unguarded pit close behind the rear of the car, receiving the injuries…
2Cases cited18 opinions
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. BookmanMassachusetts Supreme Judicial Court · 1982
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Commonwealth v. PicklesMassachusetts Supreme Judicial Court · 1973
10 more not listed; retrieve them via the Exa API.