Byron v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, to recover for the injury, conscious suffering, and death of the plaintiff’s intestate, by reason of a fall from the platform of a car of the defendant company. The first count was under St. 1886, c. 140, allowing recovery for the loss of life of a passenger by reason of the gross negligence or carelessness of the servants or agents of a street railway company while engaged in its business. The second count was at common law to recover damages for conscious suffering.
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Tort, to recover for the injury, conscious suffering, and death of the plaintiff’s intestate, by reason of a fall from the platform of a car of the defendant company. The first count was under St. 1886, c. 140, allowing recovery for the loss of life of a passenger by reason of the gross negligence or carelessness of the servants or agents of a street railway company while engaged in its business. The second count was at common law to recover damages for conscious suffering. Writ dated March 9,1899. At the trial in the Superior Court, before Pierce, J., the evidence tended to show that the…
1Opinion of the CourtBarker, J.
Upon full consideration of the evidence we are of opinion that it would not justify a finding that the defendant was negligent. The car'was a short one running upon a single track, and had no gates upon the platforms. But such cars are common. There is no statute which forbids their use or requires them to be equipped with gates. The use of such a car was not negligence. The plaintiff’s intestate was thrown to the ground by a swaying, or jolt, or lurch of the car, as it returned to the main track from a siding. Such motions of street cars are of common and frequent occurrence, and are to be…
2Cases cited4 opinions
- President of the Baltimore & Yorktown Turnpike Road v. CasonCourt of Appeals of Maryland · 1890
- Holland v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- McCauley v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Francisco v. Troy & Lansingburgh RailroadNew York Supreme Court · 1894
3Cited by30 opinions
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
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