Legal Opinion

Niles v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided January 10, 1917PublishedCited by 14 opinions

Tort for personal injuries sustained by the plaintiff on May 25, 1915, by reason of being run into by a street railway car of the defendant on Galen Street in Watertown, when the plaintiff was a passenger of the defendant as set forth in her declaration.

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Tort for personal injuries sustained by the plaintiff on May 25, 1915, by reason of being run into by a street railway car of the defendant on Galen Street in Watertown, when the plaintiff was a passenger of the defendant as set forth in her declaration. Writ dated July 21, 1915. The whole of the plaintiff’s substituted declaration was as follows: “And the plaintiff says the defendant is a corporation duly established and existing by law; that on or about the twenty-fifth day of May, a. d. 1915, it was operating a street railway for the carriage of passengers in the town of Watertown in said…

1Opinion of the CourtCarroll, J.

The plaintiff was a passenger on one of the defendant’s cars in Watertown, intending to go to Newton. This car, hereafter referred to as the Watertown car, went no farther than the car barn on Galen Street in Watertown, and it was necessary for her to change there in order to enter the Newton car, which was about three car lengths farther on in a direct line. When the Watertown car stopped at the car barn, the conductor said, “All change here. All- change. All change for Newton.” The passengers then alighted, the plaintiff being the last one in the car, and leaving at the rear end. While she…

2Cases cited5 opinions

  1. Duchemin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
  2. Gurley v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  3. Powers v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1909
  4. Tompkins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  5. Wakeley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914

3Cited by14 opinions

  1. Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  2. Boa v. San Francisco-Oakland Terminal Rys.California Supreme Court · 1920
  3. Ruel v. LangelierMassachusetts Supreme Judicial Court · 1938
  4. Fone v. ElloianMassachusetts Supreme Judicial Court · 1937
  5. Head v. MortonMassachusetts Supreme Judicial Court · 1939

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