Marshall v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, one to recover for the death of, and the other to recover for personal injuries to the plaintiff’s intestate alleged to have been caused by his being thrown from a closed electric street car of the defendant at the corner of Windsor Street and Cambridge Street in Cambridge as he was attempting to enter the car. Writs dated May 24, 1907. The cases were tried together before Hardy, J. The facts are stated in the opinion.
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Two actions of tort, one to recover for the death of, and the other to recover for personal injuries to the plaintiff’s intestate alleged to have been caused by his being thrown from a closed electric street car of the defendant at the corner of Windsor Street and Cambridge Street in Cambridge as he was attempting to enter the car. Writs dated May 24, 1907. The cases were tried together before Hardy, J. The facts are stated in the opinion. At the close of the plaintiff’s evidence, the presiding judge ordered verdicts for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtLoring, J.
Verdicts were ordered for the defendant in both actions at the conclusion of the plaintiff’s case. The plaintiff’s case or liability consisted of a statement of the plaintiff’s intestate and the testimony of one eyewitness.
The statement of the plaintiff’s intestate was that he was stepping on the car, that he put his feet on the car when the conductor rang the bell, and that the jerk of the car threw him on his back.
The testimony of the eyewitness was that the car had stopped, or had almost stopped, at the further side of Windsor Street, at the crossing where the car would stop, meaning where…
2Cases cited6 opinions
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
- Davey v. Greenfield & Turner's Falls Street Railway Co.Massachusetts Supreme Judicial Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Klinck v. Chicago City Railway Co.Illinois Supreme Court · 1914
- Payne v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Mabry v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Gagnon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Perella v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
2 more not listed; retrieve them via the Exa API.