Hamilton v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, the first for injuries alleged to have been caused by the negligence of the servants of the defendant in starting suddenly one of its open electric cars as the plaintiff was attempting to board it on Franklin Street in Lynn at the corner of Boston Street on September 22, 1901, and the second by the husband of the plaintiff in the first case for his loss and damage caused by her injuries.
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Two actions OF tort, the first for injuries alleged to have been caused by the negligence of the servants of the defendant in starting suddenly one of its open electric cars as the plaintiff was attempting to board it on Franklin Street in Lynn at the corner of Boston Street on September 22, 1901, and the second by the husband of the plaintiff in the first case for his loss and damage caused by her injuries. Writs dated April 21, 1902. At the trial in the Superior Court Aiken, C. J. ruled that upon the evidence the plaintiffs were not entitled to recover, and ordered a verdict for the…
1Opinion of the CourtRugg, J.
These are actions of tort, the first to recover for injuries alleged to have been sustained by the female plaintiff by reason of the sudden starting of a car of the defendant before she had a reasonable opportunity as a passenger to reach a place of safety within the car. The second action is by the husband of the first named plaintiff. Hereafter in this opinion the word “ plaintiff ” refers to the wife. There was evidence tending to show that the plaintiff with her little boy two years old started to get upon an open car of the defendant in Lynn. The conductor said to her, “ Are you going to…
2Cases cited3 opinions
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Spooner v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Weeks v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by13 opinions
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Keith v. Worcester & Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Anderson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Horney v. GieringWashington Supreme Court · 1925
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