Hudson v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages for the loss of life of the plaintiff’s intestate by reason of being struck and run over by one of the defendant’s cars; and also for an assault alleged to have been committed upon the plaintiff’s intestate in being ejected from a car of the defendant by its agents and servants.
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Tort to recover damages for the loss of life of the plaintiff’s intestate by reason of being struck and run over by one of the defendant’s cars; and also for an assault alleged to have been committed upon the plaintiff’s intestate in being ejected from a car of the defendant by its agents and servants. Writ dated September 28, 1898. At the trial in the Superior Court, before Stevens, J., the plaintiff presented evidence of which the substance is stated in the opinion of the court. At the close of the plaintiff’s evidence, on motion of the defendant, the judge ruled that the action could not…
1Opinion of the CourtBarker, J.
The evidence tended to show that on the night of September 7,1898, Pope, the plaintiff’s intestate, took one of the defendant’s out bound electric cars in the Boston Subway, paid a single fare, saying as he paid “ When I pay my next fare I shall want a transfer to Upper Swampscott line,” and was carried as a passenger toward Lynn. His second fare became payable as the car was passing over the Lynn marshes. Shortly after paying the first fare he began to act in a manner which would justify the conclusion that he was intoxicated, and before the car reached the point where the second fare was to…
2Cases cited1 opinion
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
3Cited by18 opinions
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Dennis v. Baltimore Transit Co.Court of Appeals of Maryland · 1948
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- McClean v. University ClubMassachusetts Supreme Judicial Court · 1951
- Connors v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1910
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