Bethmann v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, while alighting from a train of the defendant in the Boston station of the Providence Division of the defendant’s railroad. Trial in the Superior Court, before Thompson, J., who declined to rule, as requested by the defendant, that on the evidence the plaintiff could not recover, and to direct a verdict for the defendant, but submitted the case to the jury.
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Tort for personal injuries occasioned to the plaintiff, while alighting from a train of the defendant in the Boston station of the Providence Division of the defendant’s railroad. Trial in the Superior Court, before Thompson, J., who declined to rule, as requested by the defendant, that on the evidence the plaintiff could not recover, and to direct a verdict for the defendant, but submitted the case to the jury. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts so far as material to the points decided appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff was a passenger on the defendant’s railroad, and, while alighting from a car at the station in Boston, fell and was injured. At the close of the evidence, the defendant asked the court to rule that the plaintiff could not recover, and the only exception taken is to the refusal so to rule.
Two questions are presented; first, Was there any evidence that the defendant was negligent? secondly, Was there any evidence that the plaintiff was in the exercise of due care?
On the platform in the defendant’s passenger station was a truck or movable platform thirty-seven feet and three inches…
2Cases cited1 opinion
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
3Cited by5 opinions
- Gilman v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
- Harrison v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
- Matthieson v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1904
- Hart v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1905
- Koerber v. Boston Terminal Co.Massachusetts District Court, Appellate Division · 1939