Dewey v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on May 27, 1912, from being thrown from an open street railway car of the defendant in the subway leading - to the junction of Pleasant Street and Tremont Street in Boston.
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Tort for personal injuries sustained on May 27, 1912, from being thrown from an open street railway car of the defendant in the subway leading - to the junction of Pleasant Street and Tremont Street in Boston. Writ dated June 13, 1912. In the Superior Court the case was tried before Aiken, C. J. The plaintiff entered the subway at the Boylston Street station and paid his fare on his entrance, intending to take a car bound through the subway to Tremont Street for the South End. He met in the subway station one Mrs. Bullard with whom he was acquainted. A car came from Park Street, being an open…
1Opinion of the CourtSheldon, J.
We have no doubt that the jury could find that the plaintiff was in the exercise of due care. There was evidence that when he entered the space between the seats he expected to find there room to sit down; and the jury could find that he was not negligent in so expecting. He left that place and went upon the running board in obedience to an order from the conductor, and it could be found that this was not negligent conduct. He saw here between the car and the wall of the subway room enough for him to stand and move in safety. It was, as the jury could find, in obedience to the conductor’s…
2Cases cited4 opinions
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Gardner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Donahoe v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Savageau v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by3 opinions
- Ouillette v. SheerinMassachusetts Supreme Judicial Court · 1937
- Cronin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- Cereghino v. GiannoneMassachusetts Supreme Judicial Court · 1924