Cobb v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries alleged to have been incurred by the plaintiff from the negligence of the conductor of the defendant while removing a drunken passenger from a car of the defendant in which the plaintiff was a passenger.
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Tort for injuries alleged to have been incurred by the plaintiff from the negligence of the conductor of the defendant while removing a drunken passenger from a car of the defendant in which the plaintiff was a passenger. Writ dated January 18, 1900' In the Superior Court, Sherman, J., refused to rule, at the request of the defendant, that there was no evidence which would warrant a jury in finding a verdict for the plaintiff, and left the case to the jury, who returned a verdict for the plaintiff in the sum of $600. The defendant alleged exceptions. The case is fully stated by the court.
1Opinion of the CourtLathrop, J.
This is an action for personal injuries alleged to have been sustained by the plaintiff, while a passenger on a car of the defendant, by reason of the negligent act of the conductor of the car in removing a drunken passenger.
According to the plaintiff’s testimony, as she entered the car by the rear door, she noticed a man sitting on the right hand side of the car and about five or six seats from the door, who appeared to be intoxicated, and was vomiting profusely in the aisle ; that she started for the first vacant seat, which was four or five seats from the door ; that the conductor rushed…
2Cases cited2 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Sullivan v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Tripp v. MacomberMassachusetts Supreme Judicial Court · 1904
- Thayer v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Topping v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1925
- Clish v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1914