Dugan v. Blue Hill Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from a collision of two cars owned and operated by the defendant, on one of which the plaintiff was travelling in the manner described in the opinion between nine and ten o’clock in the evening of October 10, 1904, as the car was proceeding along Washington Street from Mattapan to Canton.
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Tort for personal injuries from a collision of two cars owned and operated by the defendant, on one of which the plaintiff was travelling in the manner described in the opinion between nine and ten o’clock in the evening of October 10, 1904, as the car was proceeding along Washington Street from Mattapan to Canton. Writ dated January 20, 1905. At the trial in the Superior Court before Sherman, J. the jury returned a verdict for the plaintiff in the sum of $9,000; and the defendant alleged exceptions. The material facts and the course of the trial are stated and described in the opinion. The…
1Opinion of the CourtLoring, J.
In the first count of the declaration on which alone the plaintiff went to the jury he declared on the ground that he was a passenger for hire. At the trial it appeared that he was a motorman in the employ of the defendant, riding on an errand of his own after his day’s work was done, under a pass by the terms of which he assumed all risk of accidents.
The defendant operates an electric car line between Stoughton and Mattapan. The plaintiff entered the defendant’s employ in the autumn of 1898, six years before the accident, which was on October 10, 1904. When the plaintiff was first employed…
2Cases cited2 opinions
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by11 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Anderson v. . Erie R.R. Co.New York Court of Appeals · 1918
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Klinck v. Chicago City Railway Co.Illinois Supreme Court · 1914
- Nadeau v. Caribou Water, Light & Power Co.Supreme Judicial Court of Maine · 1919
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