Steverman v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OB’ TORT. The declaration in the first action alleged that the plaintiff, a married woman, while a passenger upon a car of the defendant, “ was injured through the negligence of the defendant’s agents and servants by means of fire being set to her clothing from the electrical heating apparatus of said car or through the appurtenances of said car so that the plaintiff received severe injury to body and mind.”
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Two ACTIONS OB’ TORT. The declaration in the first action alleged that the plaintiff, a married woman, while a passenger upon a car of the defendant, “ was injured through the negligence of the defendant’s agents and servants by means of fire being set to her clothing from the electrical heating apparatus of said car or through the appurtenances of said car so that the plaintiff received severe injury to body and mind.” The second action was by the husband of the plaintiff in the first action to recover for loss sustained by reason of her injuries. Writs dated December 22, 1906. The cases…
1Opinion of the CourtBraley, J.
The defendant contends that verdicts should have been ordered in its favor as there was no proof of physical injuries received by Mrs. Steverman, to whom we shall refer as the plaintiff, or, if the evidence warranted a finding to the contrary, that the cause of action proved is not described by the allegations of the declaration.
The plaintiff having been accepted as a passenger, the defendant became bound to exercise in the management of its car the highest degree of care required by the circumstances to protect her from injury during transportation. Marshall v. Boston & Worcester Street…
2Cases cited19 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
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3Cited by20 opinions
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Driscoll v. GaffeyMassachusetts Supreme Judicial Court · 1910
- Griffin v. HustisMassachusetts Supreme Judicial Court · 1919
- Freedman v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1938
15 more not listed; retrieve them via the Exa API.