Sweetland v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort to recover for injuries received by reason of the improper management and control of a car of the defendant in entering upon a switch thereby causing a jolt of the car and causing the plaintiff, who was standing on the front platform of the car, to be thrown to the ground and injured.
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Tort to recover for injuries received by reason of the improper management and control of a car of the defendant in entering upon a switch thereby causing a jolt of the car and causing the plaintiff, who was standing on the front platform of the car, to be thrown to the ground and injured. Writ dated November 18,1898, At the trial in the Superior Court, before Stevens, J., the plaintiff testified that on the 7th day of October, 1898, he boarded a car of the defendant company at Central Square in Lynn at about half past six o’clock in the evening, and took a position upon the front platform of…
1Opinion of the CourtKnowlton, J.
There was evidence of negligence on the part of the defendant’s motorman in running the car. The car was about to pass over a frog at a curve where the defendant’s rules *579required that cars should not be run faster than four miles an hour, and there was testimony that the car was started up suddenly just before it reached the frog, and was going at the rate of twelve or fifteen miles an hour when it struck the frog and threw the plaintiff off.
There was also evidence from which the jury might find that the plaintiff was in the exercise of due care, notwithstanding that he was riding on the…
2Cases cited10 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Chicago, Milwaukee & St. Paul Railway Co. v. LowellSupreme Court of the United States · 1894
- Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
- Beal v. Lowell & Dracut Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Jones v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905
20 more not listed; retrieve them via the Exa API.