Buckley v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first being for the conscious suffering, and the second for the death of one Daniel J. Buckley, alleged to have been caused by the starting of an open street car of the defendant as he was in the act of boarding it. Writs dated August 16, 1907. In the Superior Court the cases were tried together before Hitchcock, J. The material facts are stated in the opinion.
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Two actions of tort, the first being for the conscious suffering, and the second for the death of one Daniel J. Buckley, alleged to have been caused by the starting of an open street car of the defendant as he was in the act of boarding it. Writs dated August 16, 1907. In the Superior Court the cases were tried together before Hitchcock, J. The material facts are stated in the opinion. Portions of the judge’s charge to which the defendant excepted, which are referred to in the opinion, were as follows: “Now, referring to the question whether a person becomes a passenger or not: If a street…
1Opinion of the CourtRugg, C. J.
These are two actions whereby the plaintiff seeks to recover for the conscious suffering and the death of her intestate, who received fatal injuries from a car of the defendant company.
*541. The defendant’s request that a verdict be directed for it in each action was denied rightly. There was evidence from which it might have been found that the plaintiff’s intestate, approaching toward the rear an open car of the defendant for the purpose of becoming a passenger, was beckoned by the conductor to a point farther forward, and as he was in the act of getting upon the car it started under such…
2Cases cited7 opinions
- Duchemin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- McKim v. FoleyMassachusetts Supreme Judicial Court · 1898
- Davey v. Greenfield & Turner's Falls Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Jones v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Donahoe v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
- Mattice v. KlawansIllinois Supreme Court · 1924
8 more not listed; retrieve them via the Exa API.