Legal Opinion

Kingston v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided January 6, 1911PublishedCited by 8 opinions

Tort for personal injuries due to the plaintiff slipping on the step of a closed electric car of the defendant as she was leaving the car, and alleged to have been caused by mud and slime negligently allowed to remain on the step.

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Tort for personal injuries due to the plaintiff slipping on the step of a closed electric car of the defendant as she was leaving the car, and alleged to have been caused by mud and slime negligently allowed to remain on the step. Writ in the Superior Court dated March 15,1907. The case was tried before Crosby, J. Besides those stated in the opinion, the following facts were in evidence: The plaintiff testified that she took the car in question at Roxbury Crossing in Boston to go to Jamaica Plain, and noticed mud and slime on the step both as she entered the car and when she was leaving it at…

1Opinion of the CourtLoring, J.

The plaintiff in this case testified that in alighting from one of the defendant’s cars between three and four o’clock in the afternoon of February 16, 1907, she slipped on slime or mud which she testified “ was on all the step ” and was an inch thick. The only exceptions now before us are exceptions taken to the refusal of the trial judge to direct a verdict for the defendant and to rule that on all the evidence there was no evidence of negligence of the defendant or of its servants. The ground on which the defendant now seeks to support these rulings is that the car in question was taken…

2Cases cited2 opinions

  1. Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  2. Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904

3Cited by8 opinions

  1. Anjou v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
  3. Mack v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1915
  4. Hotenbrink v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
  5. Klein v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1936

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