Sullivan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while a passenger on a street car of the defendant, by reason of an “ unwarranted and malicious assault ” upon him by the motorman and conductor of the car.
Read the full summary
Tort for personal injuries alleged to have been received by the plaintiff while a passenger on a street car of the defendant, by reason of an “ unwarranted and malicious assault ” upon him by the motorman and conductor of the car. Writ in the Superior Court for the county of Suffolk dated July 15, 1904. There was a trial before Bond, J. The plaintiff’s evidence tended to show that, while on a street car running from Park Street in Boston to Newton, he fell asleep and went past his destination, and did not wake up until the car reached Newton, when the conductor woke him and ordered him from…
1Opinion of the CourtSheldon, J.
1. We cannot say that the court erred in allowing the plaintiff to cross-examine the defendant’s conductor as to his understanding of the rules of the defendant relating to the duties of its conductors. The plaintiff did not seek to prove what the rule was, as in Welch v. New York, New Haven, & Hartford Railroad, 176 Mass. 393, and Stevens v. Boston Elevated Railway, 184 Mass. 476. This was not, as in the cases just cited and in Burns v. Worcester Consolidated Street Railway, 193 Mass. 63, a case in which negligence might have been found from the violation of a rule. The plaintiff’s object…
2Cases cited8 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- Hogner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Massell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
- Peck v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Sinclair Oil & Gas Co. v. BryanCourt of Appeals of Texas · 1927
- Knight v. Savannah Electric Co.Court of Appeals of Georgia · 1917
2 more not listed; retrieve them via the Exa API.