Legal Opinion

Fleck v. Union Railway Co.

Massachusetts Supreme Judicial Court

Decided March 2, 1883PublishedCited by 21 opinions

Tort for personal injuries occasioned to the plaintiff by being thrown from a horse-car belonging to the defendant. Answer, a general denial.

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Tort for personal injuries occasioned to the plaintiff by being thrown from a horse-car belonging to the defendant. Answer, a general denial. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows: The plaintiff testified, that, on December 27, 1880, it snowed in the forenoon, but stopped snowing at about noon ; that about half-past ten o’clock in the evening of that day he got into a car belonging to the defendant, in Harvard Square, to ride to Dover Street in North Cambridge; that this car had four horses attached to…

1Opinion of the CourtC. Allen, J.

There was some evidence tending to show carelessness on the part of the plaintiff, but, under all the circumstances stated, it was not so palpable as to preclude him from a right to have it passed upon by the jury. Standing on the rear platform of a street car in motion, when there is room inside, is not conclusive. The existence of snow and ice upon the platform is not necessarily such an element of danger as to be conclusive proof of negligence on the part of one who, with knowledge, undertakes to stand there for a moment or two, in expectation of the car’s stopping to let him get off.…

2Cases cited2 opinions

  1. Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
  2. Treat v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1881

3Cited by21 opinions

  1. Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
  2. Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
  3. Oddy v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
  4. Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
  5. McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884

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