Cassady v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT, the first by the husband of Kezia P. Cassady for consequential damages, and the second by Kezia P. Cassady herself for personal injuries from an explosion and flame attending the burning out of a fuse on an open electric car of the defendant on which the plaintiff was a passenger. Writ dated December 14, 1901. In the Superior Court the cases were tried before Hardy, J., who refused twenty-one rulings requested by the defendant.
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Two ACTIONS OF TORT, the first by the husband of Kezia P. Cassady for consequential damages, and the second by Kezia P. Cassady herself for personal injuries from an explosion and flame attending the burning out of a fuse on an open electric car of the defendant on which the plaintiff was a passenger. Writ dated December 14, 1901. In the Superior Court the cases were tried before Hardy, J., who refused twenty-one rulings requested by the defendant. The jury returned a verdict for the plaintiff in each case; and the defendant alleged exceptions.
1Opinion of the CourtHammond, J.
The first ground of defence is that there was no evidence of negligence of the defendant. It is conceded that the fuse burned out, but the defendant contends that the burning out of a fuse is not negligence per se, nor does it import negligence.
The box containing the fuse was fastened to the sill of the open car, at a place directly underneath the portion of the seat? upon which Mrs. Cassady was sitting. A fuse consists of a piece of metallic alloy, similar in nature to soft solder, one or more inches in length, connected at each end with a small circular piece of copper. These pieces of…
2Cases cited2 opinions
- Buckland v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Winship v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by63 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Eaves v. City of OttumwaSupreme Court of Iowa · 1949
- Armstrong v. WallaceCalifornia Court of Appeal · 1935
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Firszt v. Capitol Park Realty Co.Supreme Court of Connecticut · 1923
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