Joy v. Winnisimmet Co.
Massachusetts Supreme Judicial Court
Tort, against the defendant corporation, as a common carrier of passengers, for a hurt received by the plaintiff while leaving the defendant’s ferry-boat.
Read the full summary
Tort, against the defendant corporation, as a common carrier of passengers, for a hurt received by the plaintiff while leaving the defendant’s ferry-boat. At the trial in the Superior Court, before Pitman, J., the plaintiff testified that he was nineteen years old; that on the evening of February 20,1872, he took the half past six o’clock boat at Boston on the defendant’s ferry to go to his home in Chelsea, and paid his fare; that the boat reached the Chelsea side at a quarter of seven; that it was pretty dark ; that he was standing, as nearly as he could judge,, in the middle of the boat;…
1Opinion of the CourtWells, J.
There was an absolute failure of proof that the defendant was in fault. The evidence tended to show that the boat had struck the wharf and was secured upon one side, but had not swung to so as to be secured at the other side. The drop had not been lowered to the passage-way for carriages, by which the plaintiff attempted to leave the boat. The passageways from the boat were secured by chains. To make the defendant liable for his injury, the plaintiff relies upon the fact that the chain across the carriage-way was down when he attempted to pass it. But the burden was on him to show that it was…
2Cited by11 opinions
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Jones v. Granite MillsMassachusetts Supreme Judicial Court · 1878
6 more not listed; retrieve them via the Exa API.