O'Neill v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, by his falling under a horse car belonging to the defendant. At the trial in the Superior Court, before Aldrich, J., it was admitted that the defendant was a common carrier of passengers for hire by street cars in Boston.
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Tort, for personal injuries occasioned to the plaintiff, by his falling under a horse car belonging to the defendant. At the trial in the Superior Court, before Aldrich, J., it was admitted that the defendant was a common carrier of passengers for hire by street cars in Boston. The plaintiff’s evidence tended to prove that he signalled one of the defendant’s horse cars to stop, and got one foot upon the lower step of the front platform of the car while the car was in motion and going at an ordinary rate of speed, and at the same rate as before the plaintiff signalled the car; and that while…
1Opinion of the CourtLathrop, J.
The only questions raised in this case are in regard to the admission in evidence of a rule of the defendant corporation for the conduct of its drivers, in these words: “ Do not allow an intoxicated person upon the front platform under any circumstances,” and to the admission in evidence of the following placard posted in the car : “ Notice. All persons are forbidden to be on the front platform of this car; and this company will not be responsible for their safety there.”
Both the rule and the notice were properly admitted in evidence. A railway corporation which is a carrier of passengers may…
2Cases cited2 opinions
- Baltimore City Passenger Railway Co. v. WilkinsonCourt of Appeals of Maryland · 1869
- Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by10 opinions
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Floytrup v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
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