Holland v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being thrown off a horse car belonging to the defendant and run over. Trial in the Superior Court, before Dunbar, J., who ruled on the evidence that the plaintiff could not maintain the action, and ordered a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
If a passenger on a horse car is injured while intoxicated, this fact alone does not prevent his maintaining an action; but if his intoxication contributes to the injury in any degree, he cannot recover. Maguire v. Middlesex Railroad, 115 Mass. 239. See also Alger v. Lowell, 3 Allen, 402.
That the plaintiff in this case was drunk at the time of the accident is not disputed, and the evidence introduced in his behalf shows that he had been in this condition for the preceding twenty-four hours. He himself testified that he had no recollection of taking the car, or of any of the facts connected…
2Cases cited2 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Stewart v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Ottinger v. Detroit United RailwayMichigan Supreme Court · 1911
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