Lee v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF tort, the first by Josephine Lee for personal injuries alleged to have been caused by the negligence of the defendant, and the second by George Lee, the husband of Josephine, for loss of her services. Writs dated October 31, 1899. At the trial in the Superior Court before Pierce, J., the following facts appeared in addition to those stated by the court: The conductor said nothing to the plaintiff as she left the car.
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Two ACTIONS OF tort, the first by Josephine Lee for personal injuries alleged to have been caused by the negligence of the defendant, and the second by George Lee, the husband of Josephine, for loss of her services. Writs dated October 31, 1899. At the trial in the Superior Court before Pierce, J., the following facts appeared in addition to those stated by the court: The conductor said nothing to the plaintiff as she left the car. She stepped from "the car on the right hand side, the left being closed, upon the pile of earth, and.the car went ahead. There was no place on which she could step…
1Opinion of the CourtHammond, J.
These two cases were tried together. The evidence fails to show that there was any negligence on the part of the defendant. In broad daylight, the plaintiff in the first case stepped from the car upon “ a pile of earth about the height of the step of the car, extending from the step of the car some distance toward the sidewalk, on the right hand side of the street.” She noticed the pile before she got off, and she thought it was solid. Having alighted from the car she was no longer a passenger." It is perfectly apparent that if she had gone to the sidewalk upon the right hand side of the…
2Cited by7 opinions
- Lenoue v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1926
- Adams v. Baltimore Transit Co.Court of Appeals of Maryland · 1953
- Bettencourt v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1973
- Reardon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Carleton v. Rockland, Thomaston & Camden Street RailwaySupreme Judicial Court of Maine · 1913
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