Niland v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on February 25, 1907, at about 11 o’clock a. m., when the plaintiff was a passenger on an electric street car of the defendant Boston Elevated Railway Company, alleged to have been caused by a collision of such car with an ice wagon of the defendant Boston Ice Company.
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Tort for personal injuries sustained on February 25, 1907, at about 11 o’clock a. m., when the plaintiff was a passenger on an electric street car of the defendant Boston Elevated Railway Company, alleged to have been caused by a collision of such car with an ice wagon of the defendant Boston Ice Company. Writ in the Municipal Court of the Roxbury District of the city of Boston dated June 14, 1907. On appeal to the Superior Court the case was prosecuted against the Boston Elevated Railway Company alone. It first was tried before Pierce, J., who at the close of the plaintiff’s evidence ordered…
1Opinion of the CourtRugg, C. J.
When this case was here before, 208 Mass. 476, it was held that it should have been submitted to the jury, because there was evidence that a motorman of the defendant permitted one of its cars, in which the plaintiff was a passenger, to run into an ice wagon standing still upon the track, whereby the plaintiff was injured. There is no such evidence in the present record. The evidence shows now, taken in its aspect most favorable to the plaintiff, that the accident occurred either by reason of the sudden stopping of the car by the motorman in order to avoid a collision with an ice wagon which…
2Cases cited3 opinions
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Niland v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by8 opinions
- Reardon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
- Stangy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
- Cuddyer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1943
- DiLeo v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1926
- Conley v. Town Taxi, Inc.Massachusetts Supreme Judicial Court · 1937
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