Seale v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries caused by the plaintiff on November 4, 1907, falling between an elevated train of the defendant and the platform of the Park Street station of the subway in Boston as she was leaving the train. Writ dated April 16, 1908. The declaration as amended was in two counts.
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Tort for personal injuries caused by the plaintiff on November 4, 1907, falling between an elevated train of the defendant and the platform of the Park Street station of the subway in Boston as she was leaving the train. Writ dated April 16, 1908. The declaration as amended was in two counts. Tho first count alleged that the plaintiff was “forced violently” from the train, and stated as the cause of the accident negligence of the defendant in suffering and permitting a large concourse of people to be in the car and on the platform of the station, in failing to maintain order and quiet in the…
1Opinion of the CourtHammond, J.
There was no evidence of negligence of the defendant. On this question the case, so far as respects the curved platform, must be classed with Hilborn v. Boston & Northern Street Railway, 191 Mass. 14, and similar cases therein cited, and, so far as respects the crowded car and the consequent duty of the defendant to protect the passengers, with the type of cases fairly represented by McCumber v. Boston Elevated Railway, 207 Mass. 559. In this last case as well as in Glennen v. Boston Elevated Railway, 207 Mass. 497, the general principles upon which the liability of a common carrier to a…
2Cases cited3 opinions
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- McCumber v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by11 opinions
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- MacGilvray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Ritchie v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Collins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Knowles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
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