Duchemin v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for injuries caused by tbe trolley pole and a sign of a car of the defendant falling upon the plaintiff, as he was about to enter the car. Writ dated September 5, 1900. At the trial in the Superior Court Bell, J. refused to make the rulings requested by the defendant which are stated in the opinion, and gave other instructions which also are stated in the opinion.
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Tort for injuries caused by tbe trolley pole and a sign of a car of the defendant falling upon the plaintiff, as he was about to enter the car. Writ dated September 5, 1900. At the trial in the Superior Court Bell, J. refused to make the rulings requested by the defendant which are stated in the opinion, and gave other instructions which also are stated in the opinion. The jury returned a verdict for the plaintiff in the sum of $5,400, from which the plaintiff by requirement of the judge afterwards remitted $1,400. The defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The action is for a personal injury occasioned by the fall of a trolley pole and car sign. The case stated in the declaration is that as the car approached the plaintiff he went toward it for the purpose of entering it having given the motorman in control notice of his intention so to become a passenger, and that as he was about to get on the car the trolley pole fell striking a sign upon the car and the pole and sign struck the plaintiff, he being in the exercise of due care and the defendant negligent.
At the trial the testimony of the plaintiff and of one passenger on the car tended to show…
2Cases cited2 opinions
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Davey v. Greenfield & Turner's Falls Street Railway Co.Massachusetts Supreme Judicial Court · 1900
3Cited by29 opinions
- Head v. MortonMassachusetts Supreme Judicial Court · 1939
- Rostad v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1921
- Franz v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1921
- L. & N. R. R. v. GlascowSupreme Court of Alabama · 1912
- Niles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
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