Legal Opinion

Harmon v. Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided May 20, 1897PublishedCited by 13 opinions

Tort, for personal injuries occasioned to the plaintiff, on February 29,1892, while upon a train on the defendant’s railroad. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.

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Tort, for personal injuries occasioned to the plaintiff, on February 29,1892, while upon a train on the defendant’s railroad. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified, on direct examination, that before the accident she had had experience in keeping restaurants and boarding houses in Boston, having had the whole charge of three houses connected as one ; that she began thirty years before, and had been in the business up to within seven or eight years before the accident; that she was engaged at the…

1Opinion of the CourtAllen, J.

The only ground relied on in support of the exceptions is that it was not competent for the plaintiff to show what her services would have been worth in the market to other persons. Upon reading the bill of exceptions we should hardly suppose that this question was presented or ruled on at the trial; but, if it was, we are of opinion that the evidence was competent. The instructions of the court as to the rule of damages are not stated, and no exception was taken to them. But if the plaintiff’s services had a market value, in the kind of business in which she was engaged, such market value…

2Cases cited1 opinion

  1. Matteson v. . New York Central RailroadNew York Court of Appeals · 1866

3Cited by13 opinions

  1. Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
  2. Whipple v. RichMassachusetts Supreme Judicial Court · 1902
  3. Lake Shore & Michigan Southern Railway Co. v. TeetersIndiana Supreme Court · 1906
  4. Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
  5. Leave v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940

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