Webber v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, the first by a married woman for personal injuries alleged to have been sustained by her while a passenger in an electric car of the defendant in the town of Whitman on May 2,1907, and the second by the husband of the plaintiff in the first case for expenses incurred by reason of her injuries and for loss of consortium. Writs dated October 28,1907. In the Superior Court the cases were tried together before Schofield, J., without a jury.
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Two actions OF tort, the first by a married woman for personal injuries alleged to have been sustained by her while a passenger in an electric car of the defendant in the town of Whitman on May 2,1907, and the second by the husband of the plaintiff in the first case for expenses incurred by reason of her injuries and for loss of consortium. Writs dated October 28,1907. In the Superior Court the cases were tried together before Schofield, J., without a jury. The evidence showed that the occurrence which resulted in the wife’s injury took place on a car of the defendant running from Whitman to…
1Opinion of the CourtBraley, J.
The judge before whom these cases were tried without a jury having made certain findings of fact on which he ruled as matter of law, that the plaintiffs could not recover, they seek to have the findings set aside with the exception of those numbered two, three and four, and the rulings reversed.
It may be, as the plaintiffs contend, that by refined yet clear discriminations a substantial cause of action which they believed had been established by the evidence as stated in the first four findings was overthrown. But the adverse conclusion, that upon all the evidence the jolt which caused the…
2Cases cited15 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
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3Cited by13 opinions
- Cameron v. BuckleyMassachusetts Supreme Judicial Court · 1938
- Parrish v. ClarkSupreme Court of Florida · 1933
- Rust v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1914
- Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1913
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