Joslyn v. Milford, Holliston & Framingham Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained through the negligence of the defendant and its agents and servants while the plaintiff was alighting from a car of the defendant, with a second count alleging negligence in causing the car in which the plaintiff was a passenger to be stopped at an unsafe place and not warning the plaintiff thereof but negligently inviting her to alight upon some loose earth or gravel, which caused her to lose her footing, whereby she…
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Tort for personal injuries alleged to have been sustained through the negligence of the defendant and its agents and servants while the plaintiff was alighting from a car of the defendant, with a second count alleging negligence in causing the car in which the plaintiff was a passenger to be stopped at an unsafe place and not warning the plaintiff thereof but negligently inviting her to alight upon some loose earth or gravel, which caused her to lose her footing, whereby she was injured. Writ dated January 19, 1901. In the Superior Court the case was tried before Richardson, J. At the close…
1Opinion of the CourtHammond, J.
We understand that this report presents to us the question whether the evidence would have warranted a verdict for the plaintiff.
We think that there was sufficient evidence to go to the jury on the question of her due care, and we do not understand the defendant to contend to the contrary.
The important question is whether there was evidence to warrant a finding of negligence on the part of the defendant, and it is not free from difficulty. The failure of the conductor to stop at the crossing, even if negligent, was not the proximate cause of the injury, and needs not to be further considered.…
2Cited by6 opinions
- Thompson v. Gardner, Westminster & Fitchburg Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Williamson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
- Reynolds v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Rose v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Sligo v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909
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