Legal Opinion

Whiteacre v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided March 14, 1922PublishedCited by 46 opinions

Tort for personal injuries alleged to have been caused by the plaintiff being thrown down inside an electric street car of the defendant when she had left her seat to alight. Writ dated September 25, 1918. In the Superior Court, the action was tried before Dubuque, J. Material evidence is described in the opinion. At the close of the evidence, by order of the judge, a verdict was entered for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtJenney, J.

The plaintiff testified in substance as follows: On the day of the accident she was a passenger of the defendant in a semi-convertible car in which she sat in one of the rear cross seats. She was accompanied by one Mary Wakelin. As the car approached the usual stopping place in the Harvard Square subway, she left her seat, her companion walking ahead, and went toward the rear door. Before they reached the door a man got between her and Miss Wakelin. The plaintiff took hold of one of the hanger-straps by one hand. As the car slowed down she let go and “went to step from the floor of the car”…

2Cases cited9 opinions

  1. Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
  2. Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  3. Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
  4. Anderson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  5. Martin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914

4 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Kanopka v. KanopkaSupreme Court of Connecticut · 1931
  2. Cook v. ColeMassachusetts Supreme Judicial Court · 1931
  3. Jennings v. BragdonMassachusetts Supreme Judicial Court · 1935
  4. Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
  5. McFaden v. NordblomMassachusetts Supreme Judicial Court · 1940

41 more not listed; retrieve them via the Exa API.

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