Work v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received as the plaintiff was leaving a closed electric car of the defendant on Highland Avenue in Somerville, as stated in the opinion. Writ dated April 6, 1908. In the Superior Court the case was tried before Morton, J., who, at the close of the plaintiff’s evidence, ordered a verdict for the defendant; and the plaintiff alleged exceptions. The facts are stated in the opinion.
1Opinion of the CourtLosing, J.
It is settled that jerks while running, jerks in stopping and starting to let off and take on passengers, jolts in going over frogs or switch points, and lurches in going around curves are among the usual incidents of travel in electric cars which every passenger on them must expect to encounter, and that if a passenger is injured by such a jerk, jolt or lurch the company is not liable. On the other hand an electric car can be started and stopped, for example with a jerk so much more abrupt and so much greater than is usual that the motorman can be found to be guilty of negligence and the…
2Cases cited11 opinions
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hunt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- O'Neill v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
36 more not listed; retrieve them via the Exa API.