Spade v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff, while a passenger on the defendant’s car, through the alleged negligence of tho defendant. After the former decision, the case was tried in the Superior Court, before Dewey, J. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries which already has been before the court. 168 Mass. 285. At the second trial the evidence was that the defendant’s conductor in removing a drunken man from a car jostled another drunken man who was standing in front of the plaintiff, and threw him upon her. The fall upon her seems to have been a trifling matter, taken by itself, but the fright caused by that and the rest of the occurrences in the car resulted in physical injury. The case comes up again upon exceptions.
The judge was asked to direct a verdict for the defendant. We find some difficulty in…
2Cases cited7 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Morris v. PlattSupreme Court of Connecticut · 1864
- Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
- Braithwaite v. HallMassachusetts Supreme Judicial Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Rodrigues v. StateHawaii Supreme Court · 1970
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Lockwood v. McCaskillSupreme Court of North Carolina · 1964
- Comstock v. WilsonNew York Court of Appeals · 1931
34 more not listed; retrieve them via the Exa API.