Gargan v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by falling over a fender projecting from the rear of an electric car from which she had just alighted. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
The car upon which the plaintiff rode from Boston stopped about opposite her dwelling to allow passengers to leave. She left by the rear door. Her house was upon the right as she passed from the door.. The gate upon that side was up, and she descended from the platform by the steps leading to the left, so that when she reached the street her back was toward her house. There was a cross walk, about seven feet wide, partly occupied by the rear end of the car, from which at the time a fender projected about two feet. Enough of the cross walk was left unoccupied for her passage to the sidewalk of…
2Cases cited3 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Judd v. FargoMassachusetts Supreme Judicial Court · 1871
- Bigelow v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
3Cited by15 opinions
- Mutual Life Insurance v. MullanCourt of Appeals of Maryland · 1908
- Baltimore Transit Co. v. WorthCourt of Appeals of Maryland · 1947
- O'Hanley v. NorwoodMassachusetts Supreme Judicial Court · 1944
- Powers v. Connecticut Co.Supreme Court of Connecticut · 1910
- Adduci v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
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