Day v. Highland Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned, on Sunday, June 20, 1880, to the plaintiff, a conductor in the employ of the Metropolitan Railroad Company, while standing on the step on the side of an open street car, and leaning into the car for the purpose of collecting fares, by being struck by a car of the defendant corporation passing on a parallel track.
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Tort for personal injuries occasioned, on Sunday, June 20, 1880, to the plaintiff, a conductor in the employ of the Metropolitan Railroad Company, while standing on the step on the side of an open street car, and leaning into the car for the purpose of collecting fares, by being struck by a car of the defendant corporation passing on a parallel track. At the trial in the Superior Court, before Staples, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued in March, 1882, by G. F. Verry, (J. Hewins with…
1Opinion of the CourtColburn, J.
The question whether the car, upon which the plaintiff was conductor, was being run in violation of the Gen. Sts. c. 84, §§ 1, 2, at the time of the accident, or whether there was evidence in the case which would warrant the jury in finding that the car was not being run in violation of the statute, lies at the foundation of the case. For if the car was run lawfully, for the purpose of carrying passengers, the plaintiff was *114violating no law in performing the usual duties of conductor of the car, and his rights and obligations were substantially, if not entirely, the same, though it was the…
2Cases cited7 opinions
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
- Bucher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1881
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. SampsonMassachusetts Supreme Judicial Court · 1867
- Davis v. City of SomervilleMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
- Hall v. SmithMassachusetts Supreme Judicial Court · 1933
- Duran v. Standard Life & Accident Ins.Supreme Court of Vermont · 1891
3 more not listed; retrieve them via the Exa API.