Partelow v. Newton & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE TORT, the first by a girl seventeen years of age (hereinafter called the plaintiff) to recover for injuries received from being thrown from a car of the defendant as it was rounding a curve, and the second by her father to recover for loss of his daughter’s services and for expenses to him caused by her injury.
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Two ACTIONS OE TORT, the first by a girl seventeen years of age (hereinafter called the plaintiff) to recover for injuries received from being thrown from a car of the defendant as it was rounding a curve, and the second by her father to recover for loss of his daughter’s services and for expenses to him caused by her injury. Writs in the Superior Court for the county of Middle-sex dated August 20, 1904. There was a trial before Bond, J. From the plaintiff’s evidence it appeared that she was a passenger on a single truck, open car of the defendant, which was equipped with a hand brake, and…
1Opinion of the CourtSheldon, J.
A verdict could not have been ordered for the defendant in these cases, and the defendant’s first request was refused rightly.
There was evidence on which the jury could find that the female plaintiff, hereinafter called the plaintiff, was in the exercise of due care. She was sitting in one of the seats designed for *30passengers, and there was nothing to indicate that she had reason to apprehend any special danger by reason of her position on the left hand end of the front seat. She testified that immediately before the accident, when she became apprehensive by reason of the speed of the car,…
2Cases cited43 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Hudson v. HudsonSupreme Court of Georgia · 1892
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
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3Cited by30 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Commonwealth v. AndersonMassachusetts Supreme Judicial Court · 1923
- Nicoli v. BerglundMassachusetts Supreme Judicial Court · 1936
- Olson v. ElaMassachusetts Appeals Court · 1979
25 more not listed; retrieve them via the Exa API.