Legal Opinion

Foster v. Old Colony Street Railway Co.

Massachusetts Supreme Judicial Court

Decided January 6, 1903PublishedCited by 13 opinions

Tort for personal injuries caused by the plaintiff slipping on an accumulation of ice and snow on the step of a car of the defendant while alighting therefrom.

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Tort for personal injuries caused by the plaintiff slipping on an accumulation of ice and snow on the step of a car of the defendant while alighting therefrom. Writ dated March 15,1901. In the Superior Court Braley, J. refused the defendant’s requests for rulings, that the plaintiff had failed to show that she was in the exercise of due care when injured, that there was no evidence that the defendant was negligent, and that upon all the evidence in the case the jury must find for the defendant. The jury returned a verdict for the plaintiff in the sum of $900; and the defendant alleged…

1Opinion of the CourtLoring, J.

The plaintiff in this case came to Taunton from Clinton by train one Monday morning in February, 1901. She left Clinton at 7.30 A. M. and arrived at Taunton at 9.30 A. M. On leaving the station of the steam railroad at Taunton, she took a car of the defendant corporation, which was waiting a few feet from the station and which runs from the steam railroad to the business centre of the city. The car stopped when it got to the Taunton Hotel, and the plaintiff proceeded to get off the car. She put in evidence that she took hold of the handle of the dasher with her right hand and stepped on to…

2Cases cited4 opinions

  1. Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
  2. Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
  3. Gilman v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
  4. Dipper v. Inhabitants of MilfordMassachusetts Supreme Judicial Court · 1897

3Cited by13 opinions

  1. Anjou v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
  3. Hotenbrink v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
  4. Klein v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1936
  5. Bagnell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924

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