Dalton v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff at about one o’clock in the afternoon of May 6, 1911, while he was a passenger on an open electric street railway car of the defendant on Warren Street in that part of Boston called Roxbury. Writ dated November 9, 1911. In the Superior Court the case was tried before Lawton, J., who at the close of the plaintiff’s evidence, which is described in •the opinion, ordered a verdict for the defendant.
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Tort for personal injuries sustained by the plaintiff at about one o’clock in the afternoon of May 6, 1911, while he was a passenger on an open electric street railway car of the defendant on Warren Street in that part of Boston called Roxbury. Writ dated November 9, 1911. In the Superior Court the case was tried before Lawton, J., who at the close of the plaintiff’s evidence, which is described in •the opinion, ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
The plaintiff testified that, when he boarded the car at the Dudley Street terminal, it was full so that he could not get a seat, and therefore he took a position upon the front part of the running board, about opposite the space between the first and second seats; that there was only one man in front of him upon the board; that when the car was on Warren-Street “we collided with the bar or the cross-tree of a double tip-cart which *67was standing on Warren Street on the side to the right of a trench which was dug in the street just underneath the running-board;” that this cart was being filled…
2Cases cited3 opinions
- Pomeroy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Eldredge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Heshion v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by1 opinion
- London v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1919