Daley v. Boston, Revere Beach & Lynn Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received when the plaintiff, while a passenger on the platform of a railroad car of the defendant, was struck by a dwarf signal beside the track. Writ dated September 4, 1917. - In the Superior Court, the action was tried before Raymond, J. Material evidence is described in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtCarroll, J.
This is an action of tort for injuries sustained by the plaintiff, a passenger on the defendant’s steam railroad, while riding on the steps of the forward end of the last car on the train. *79After the train left Orient Heights, the plaintiff was struck by a dwarf signal beside the track. The nearest part of this signal was about seven and one half inches from the outside of the car and six and one quarter inches from the outside edge of the lowest step. He testified that the car was crowded and that twenty or twenty-five people were on the platform; that he was seated on the second step of the…
2Cases cited5 opinions
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Fletcher v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Hutchinson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
3Cited by3 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Farber v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1924
- Harrison v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944