Legal Opinion

Donahoe v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided February 26, 1913PublishedCited by 9 opinions

Tort for personal injuries sustained on September 18, 1908, when the plaintiff was a passenger on an electric street car of the defendant, alleged to have been caused by a collision of such car with a cart on North Beacon Street in that part of Boston called Brighton. Writ dated September 19, 1908. In the Superior Court the case was tried before Dubuque, J. The character of the evidence is described in the opinion.

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Tort for personal injuries sustained on September 18, 1908, when the plaintiff was a passenger on an electric street car of the defendant, alleged to have been caused by a collision of such car with a cart on North Beacon Street in that part of Boston called Brighton. Writ dated September 19, 1908. In the Superior Court the case was tried before Dubuque, J. The character of the evidence is described in the opinion. The jury returned a verdict for the plaintiff in the sum of $6,000; and the defendant .alleged exceptions to certain portions of the charge, raising the questions which are stated…

1Opinion of the CourtRugg, C. J.

These exceptions relate only to the charge. No requests for instructions were presented, but at the close of the charge objections were made.

It seems from the record that one of the chief controversies at the trial related to the question, whether the plaintiff was thrown from her seat and injured by a collision between the car of the defendant, on which she was a passenger, and a cart. A con-amount of evidence was introduced upon this issue, a number of witnesses having testified (so far as the record shows all who were present, except the plaintiff) that no one was thrown out of a seat by…

2Cases cited2 opinions

  1. Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. Gardner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910

3Cited by9 opinions

  1. Kane v. Fields Corner Grille, Inc.Massachusetts Supreme Judicial Court · 1961
  2. Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
  3. Duff v. WebsterMassachusetts Supreme Judicial Court · 1943
  4. Carson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
  5. Buckley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913

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