Romana v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained at about half past four o’clock in the afternoon of September 1, 1909, when the plaintiff, who was a child ten years of age, was walking along a path on land of the defendant near its car barn on Eagle Street in the. part of Boston called East Boston, by coming in contact with some loose wire lying on the ground and falling against an iron pole, both the pole and the wire being dangerously charged with electricity.
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Tort for personal injuries sustained at about half past four o’clock in the afternoon of September 1, 1909, when the plaintiff, who was a child ten years of age, was walking along a path on land of the defendant near its car barn on Eagle Street in the. part of Boston called East Boston, by coming in contact with some loose wire lying on the ground and falling against an iron pole, both the pole and the wire being dangerously charged with electricity. Writ dated December 6, 1909. The two counts of the declaration are described in the opinion. In the Superior Court the case first was tried…
1Opinion of the CourtLoring, J.
The exceptions now before us were taken at the new trial consequent upon the decision in Romana v. Boston Elevated Railway, 218 Mass. 76.
*535The course of the second trial differed from that pursued at the first trial in more ways than one. At the second trial the plaintiff put her case on the footing that she was a trespasser and she undertook to charge the defendant with liability not on the ground that Sullivan was in charge of the car barn but on the ground that it was his duty to report the leakage of electricity to his superior officer.
With these changes the case presented at the second…
2Cases cited6 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Romana v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Viles v. City of WalthamMassachusetts Supreme Judicial Court · 1893
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1898
- Cotter v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Bray v. HickmanMassachusetts Supreme Judicial Court · 1928
- Moseley v. Alabama Power Co.Supreme Court of Alabama · 1945
- Adams v. Virginian Gasoline & Oil Co.West Virginia Supreme Court · 1930
- Statkunas v. L. Promboim & Son Inc.Massachusetts Supreme Judicial Court · 1931
6 more not listed; retrieve them via the Exa API.