Emery v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff being struck by a street railway car of the defendant as she was crossing a street from behind another street car bound in the opposite direction. Writ dated June 11, 1912. In the Superior Court the case was tried before Keating, J. The material evidence is described in the opinion. The judge refused to order a verdict for the defendant.
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Tort for personal injuries caused by the plaintiff being struck by a street railway car of the defendant as she was crossing a street from behind another street car bound in the opposite direction. Writ dated June 11, 1912. In the Superior Court the case was tried before Keating, J. The material evidence is described in the opinion. The judge refused to order a verdict for the defendant. There was a verdict for the plaintiff in the sum of $3,000; and the defendant alleged exceptions. The case was argued at the bar in November, 1913, before Rugg, C. J., Hammond, Loring, Braley, & De Courcy,…
1Opinion of the CourtLoring, J.
The only serious question here is whether the jury were warranted in finding that the plaintiff was in the exercise of due care. The facts which they were warranted in finding were in substance as follows: The car from which the plaintiff had just alighted was a closed car and it jutted out so as to take away her view. For that reason when she passed behind it she stopped and listened, having in mind that under the defendant’s rules motormen were required to sound their gongs and run slowly by stationary cars. Hearing no gong or “any sound at all, . . . she then stepped out in the direction”…
2Cases cited3 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Purcell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
3Cited by4 opinions
- Gibb v. HardwickMassachusetts Supreme Judicial Court · 1922
- Prendergast v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Lipski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924