Nolan v. Newton Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, received as the plaintiff was entering from the rear vestibule an electric street car of the defendant, and alleged to have been caused by a negligent starting of the car.
Read the full summary
Tort for personal injuries, received as the plaintiff was entering from the rear vestibule an electric street car of the defendant, and alleged to have been caused by a negligent starting of the car. Writ dated October 6, 1906. The case was tried before Bell, J. The plaintiff testified that on December 5, 1905, she had just gone two or three steps inside the car from the vestibule when, before she reached the third seat and before she had a chance to reach for a strap, on signal from the conductor the car started and threw her. In answer to the question in direct examination, “ Well, now, how…
1Opinion of the CourtBraley, J.
The exceptions were not in proper form when allowed, as, the bill having failed to show that the plaintiff obtained a verdict, the defendant did not appear to be aggrieved. But upon resort to a copy of the papers transmitted with the record, although not made a part of it, the omission may be considered as inferentially supplied.
The plaintiff at the time of the accident having been a passenger, the defendant owed to her the duty of exercising that degree of care in the operation of the car which was reasonably necessary to protect her from personal injuries during transportation. We have…
2Cases cited16 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Hand v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Smith v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1911
- Carson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Sherman v. SidmanMassachusetts Supreme Judicial Court · 1938
15 more not listed; retrieve them via the Exa API.