Lemay v. Springfield Street Railway Co.
Massachusetts Supreme Judicial Court
Three actions of tort for personal injuries sustained on August 10,1909, by being thrown from an open electric car of the defendant in which the plaintiffs were being transported as passengers.
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Three actions of tort for personal injuries sustained on August 10,1909, by being thrown from an open electric car of the defendant in which the plaintiffs were being transported as passengers. Writs dated September 16, 1909. The declaration in each of the three cases was the same, and was as follows: “ And the plaintiff says that the defendant was on or about the tenth day of August, 1909, and now is a corporation operating a street railway between the cities of Springfield and Chicopee in said county and that on said day she was a passenger on one of the defendant’s street cars en route…
1Opinion of the CourtSheldon, J.
The defendant’s eighteenth request could not have been given as framed. It would have excluded from consideration by the jury the question of the motorman’s negligence in approaching a sharp curve at an excessive and dangerous rate of speed before he had discovered the failure of his air-brake, and the question whether, if he was confronted with unexpected peril, he acted with proper diligence under the circumstances then existing and with the light that he then had. It is true that allowance must be made for one compelled to act immediately, without opportunity for deliberation, upon a…
2Cases cited11 opinions
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Kane v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1902
- Hanlon v. South Boston Horse RailroadMassachusetts Supreme Judicial Court · 1880
- James v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Beers v. McGinnisMassachusetts Supreme Judicial Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Raunela v. Hertz Corp.Massachusetts Supreme Judicial Court · 1972
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Hathaway v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1947
- Gross v. Boston, W. N.Y. St. Ry. Co.Supreme Court of Connecticut · 1933
23 more not listed; retrieve them via the Exa API.