Tompkins v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff by reason of his having been thrown under a car of the defendant when it was started suddenly as he was getting on to it again after having alighted from the front platform to allow other passengers to get off.
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Tort for personal injuries alleged to have been sustained by the plaintiff by reason of his having been thrown under a car of the defendant when it was started suddenly as he was getting on to it again after having alighted from the front platform to allow other passengers to get off. Writ in the Superior Court for the county of Suffolk, dated January 5, 1906. The case was tried before Harris, J. The plaintiff’s evidence tended to show the following facts: The plaintiff, a boy of fifteen, together with a friend, one Meyers, went to the Boylston Street subway station of the Boston Elevated…
1Opinion of the CourtRugg, J.
The plaintiff became a passenger upon a surface electric car of the defendant so crowded with passengers that he could not sit or stand inside, and took his place in the front vestibule. He knew of the rule of the defendant printed on the car, that “ Persons riding on the platforms do so at their own risk.” Before his journey’s end the plaintiff stepped off *116the car in order to enable some ladies to alight, and as he was trying to get on again he was injured by the car’s being started suddenly and with more than an ordinary jerk.
The rule referred to was a reasonable one and within the power of…
2Cases cited7 opinions
- Hosmer v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Hogner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Jacobs v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Montgomery v. . Buffalo Railway Co.New York Court of Appeals · 1900
- McDonough v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Virginia Railway & Power Co. v. DresslerSupreme Court of Virginia · 1922
- McCumber v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
10 more not listed; retrieve them via the Exa API.