Leary v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort against the Boston Elevated Railway Company and one Timothy Connolly for injuries caused by the plaintiff falling into a trench in Bowdoin Street, in that part of Boston called Dorchester, by reason of the alleged negligence of the defendant railway company in leaving the trench in an unsafe and unguarded condition.
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Tort against the Boston Elevated Railway Company and one Timothy Connolly for injuries caused by the plaintiff falling into a trench in Bowdoin Street, in that part of Boston called Dorchester, by reason of the alleged negligence of the defendant railway company in leaving the trench in an unsafe and unguarded condition. Writ dated October 2, 1899. In the Superior Court, the case was heard without a jury by Mason, C. J., who found for the defendant corporation in the manner stated in the opinion of the court.
1Opinion of the CourtHammond, J.
There are two defendants in this case, the Boston Elevated Railway Company and a person named Connolly. The case came on for trial before the Chief Justice of the Superior Court, sitting without a jury, for the' purpose of trying the question of the liability of the defendant first above named. At the trial the plaintiff asked a ruling that as matter of law “ upon all the evidence the defendant corporation is *204liable.” This ruling was refused; the court found “ no negligence on the part of the defendant corporation,” and found for the defendant.
The bill of exceptions is loosely drawn, but we…
2Cases cited3 opinions
- Hawks v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1875
- Dobbins v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Fowler v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1897
3Cited by10 opinions
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Hyde v. City of BostonMassachusetts Supreme Judicial Court · 1904
- Kincaid v. Walla Walla Valley Traction Co.Washington Supreme Court · 1910
- Selectmen of Natick v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1911
- Phinney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
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