Pullen v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on June 13, 1907, while she was entering a car of the defendant at the defendant’s Sullivan Square station in that part of Boston called Charlestown, by reason of the door of the car closing upon her.
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Tort for personal injuries alleged to have been sustained by the plaintiff on June 13, 1907, while she was entering a car of the defendant at the defendant’s Sullivan Square station in that part of Boston called Charlestown, by reason of the door of the car closing upon her. Writ dated September 17, 1908. In the Superior Court the case was tried before Hitchcock, J. The counsel for the defendant called the attention of the judge - to the portion of his charge upon the question of damages which is quoted in the opinion, and the judge, as stated in the opinion, refused to change it. The jury…
1Opinion of the CourtLoring, J.
The presiding judge told the jury that “if the [plaintiff’s] physical condition is such that it may, or may not, involve future expense, she would be entitled to have that considered”; also, “If it [the plaintiff’s physical condition] did not necessarily involve that [future expense], but it might happen in the future, that would be a thing for you to consider as in the future ”; and lastly, the bill of exceptions states that “ The judge further instructed the jury that the plaintiff would have the right to consider the ‘ possibility that an operation in the future might be necessary’ on the…
2Cases cited3 opinions
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
- Fry v. Dubuque & Southwestern Railway Co.Supreme Court of Iowa · 1877
- Chicago City Railway Co. v. HenryIllinois Supreme Court · 1871
3Cited by11 opinions
- Conway v. Electro Switch Corp.Massachusetts Supreme Judicial Court · 1988
- Anderson v. W.R. Grace & Co.District Court, D. Massachusetts · 1986
- Donovan v. Philip Morris USA, Inc.Massachusetts Supreme Judicial Court · 2009
- Reckis v. Johnson & JohnsonMassachusetts Supreme Judicial Court · 2015
- L'Esperance v. SherburneSupreme Court of New Hampshire · 1931
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