Lapointe v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while a passenger on the defendant’s car, in Everett. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to show that she took the car at the station of the Eastern Railroad Company in Everett, for the purpose of going to Malden, her home; that when the street car arrived at the railroad station, there were a number of…
Read the full summary
Tort for personal injuries received by the plaintiff while a passenger on the defendant’s car, in Everett. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to show that she took the car at the station of the Eastern Railroad Company in Everett, for the purpose of going to Malden, her home; that when the street car arrived at the railroad station, there were a number of persons who had come upon the train and intended to take the street car to Malden; that it was an open car, and, when it…
1Opinion of the CourtDevens, J.
The general instruction, that the plaintiff, in order to recover, must prove that, under all the circumstances of the case, she was in the exercise of due care, was given by the presiding judge; but the contention of the defendant is, that it was entitled to certain special instructions requested. The second and sixth requests are all that the defendant has insisted on, and all that need be considered.
The second instruction requested, that, “if the jury believe the plaintiff took an unsafe position in standing up between the seats in an open car, she cannot recover,” if given, would have led…
2Cases cited1 opinion
- Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by6 opinions
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- McDonough v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Anderson v. City Railway Co.Oregon Supreme Court · 1903
- Lansing v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.