Rose v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred while alighting from a car of the defendant on September 20,1904, at Winthrop Square, in Medford.
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Tort for personal injuries incurred while alighting from a car of the defendant on September 20,1904, at Winthrop Square, in Medford. Writ dated March 9, 1905. At the trial in the Superior Court before Aiken, C. J. the plaintiff testified that she lived in Malden and on the day of the accident took an open car of the defendant at Medford Square in that city to go to Lowell; that when the car arrived at Winthrop Square the conductor said, “ Forward car for Lowell” or “ Car for Lowell and that thereupon the plaintiff prepared to alight from the car. What happened then the plaintiff described as…
1Opinion of the CourtMorton, J.
We assume in favor of the plaintiff that the evidence would warrant a finding that she was in the exercise of due care, that she did not cease to be a passenger in alighting in accordance with the conductor’s directions to take another car for the purpose of being transported to her destination, and that, under the circumstances, the conductor was bound to exercise due care in selecting a place for her to alight and make the change. But we see no evidence that the conductor failed to exercise due care in selecting a place for her to alight. The change from one car to another was not rendered…
2Cases cited1 opinion
- Joslyn v. Milford, Holliston & Framingham Street Railway Co.Massachusetts Supreme Judicial Court · 1903
3Cited by2 opinions
- Wakeley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Graham v. Savannah Electric Co.Court of Appeals of Georgia · 1917