Bilodeau v. Fitchburg & Leominster Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries. The allegations of the declaration were merely that the plaintiff “was a passenger upon one of the defendant street railway company’s cars on September 21, 1918, when he was thrown off same and run over and both his legs cut off.
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Tort for personal injuries. The allegations of the declaration were merely that the plaintiff “was a passenger upon one of the defendant street railway company’s cars on September 21, 1918, when he was thrown off same and run over and both his legs cut off. And the plaintiff says that his injuries were caused by the negligence of the defendant, its officers, agents or servants.”Writ dated June 21, 1919. In the Superior Court the action was tried before N. P. Brown, J., during thirteen court days. The instructions of the judge, referred to in the opinion, relating to rules of the public…
1Opinion of the CourtBraley, J.
The plaintiff boarded the defendant’s car, and, the conductor having received his fare, he became a passenger even if, because of its crowded condition, as the jury could find, he stood inside of the rear vestibule with one hand on the controller. Lockwood v. Boston Elevated Railway, 200 Mass. 537, 542. Pomeroy v. Boston & Northern Street Railway, 193 Mass. 507, 511. The defendant accordingly was bound “to use the highest degree of active diligence commensurate with the mode of transportation employed and the practical operation of its railway.” Marshall v. Boston & Worcester Street Railway,…
2Cases cited35 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
30 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Weis v. WeisOhio Supreme Court · 1947
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Wadsworth v. Boston Gas Co.Massachusetts Supreme Judicial Court · 1967
- Boehm Ex Rel. v. St. Louis Public Service Co.Supreme Court of Missouri · 1963
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
27 more not listed; retrieve them via the Exa API.