Massell v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries. Writ dated November 15, 1902. The declaration alleged that on April 2, 1902, the plaintiff, a newsboy between twelve and thirteen years of age, licensed by the city of Boston, by the invitation of the defendant and by its direction boarded one of the cars owned by the defendant for the purpose of selling newspapers, and that the plaintiff was safely on the car, but that the defendant by its servants and agents carelessly, negligently and wilfully…
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Tort for personal injuries. Writ dated November 15, 1902. The declaration alleged that on April 2, 1902, the plaintiff, a newsboy between twelve and thirteen years of age, licensed by the city of Boston, by the invitation of the defendant and by its direction boarded one of the cars owned by the defendant for the purpose of selling newspapers, and that the plaintiff was safely on the car, but that the defendant by its servants and agents carelessly, negligently and wilfully frightened and put the plaintiff in fear by ordering him to jump off the car and by shouting at him in forcible…
1Opinion of the CourtLathrop, J.
1. The plaintiff in this case was a trespasser upon a car of the defendant; and the defendant owed him no duty except to refrain from wilfully, wantonly or recklessly exposing him to danger. Banks v. Highland Street Railway, 136 Mass. 485. Planz v. Boston & Albany Railroad, 157 Mass. 377, 382. Leonard v. Boston & Albany Railroad, 170 Mass. 318, 320. Mugford v. Boston & Maine Railroad, 173 Mass. 10. Bjornquist v. Boston & Albany Railroad, 185 Mass. 130. Albert v. Boston Elevated Railway, 185 Mass. 210.
While the language used by the motorman was rough and the gestures threatening, it is obvious…
2Cases cited10 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Mugford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- West v. PoorMassachusetts Supreme Judicial Court · 1907
- Sheehan v. GorianskyMassachusetts Supreme Judicial Court · 1944
10 more not listed; retrieve them via the Exa API.