O'Neil v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort for injuries from being thrown violently to the ground by the starting of a car of the defendant from which the plaintiff was alighting. Writ dated May 6, 1899. At the trial in the Superior Court, before Richardson, J., it was admitted by the defendant that the plaintiff was in the exercise of due care.
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Tort for injuries from being thrown violently to the ground by the starting of a car of the defendant from which the plaintiff was alighting. Writ dated May 6, 1899. At the trial in the Superior Court, before Richardson, J., it was admitted by the defendant that the plaintiff was in the exercise of due care. At the close of the evidence the defendant asked for rulings, that there was no evidence to warrant the jury in finding that the bell to start the car was rung by the conductor or at his suggestion, and that there was no evidence to warrant the jury in finding that the defendant’s…
1Opinion of the CourtLoring, J.
In this case the plaintiff was injured by the starting of an electric car while she was in the act of alighting from it. The car in question was an open one and had stopped for her to get off; she had been sitting on the fifth or sixth seat from the front and had one foot on the running board and one foot on the ground when two bells were rung, and the car started; immediately on the two bells being rung, one bell was rung and the car was immediately brought to a stop; the car did not move more than a foot. The only act of negligence stated by the plaintiff in her declaration is “ that while…
2Cited by9 opinions
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Cary v. Los Angeles Ry. Co.California Supreme Court · 1910
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Schwerin v. H. C. Capwell Co.California Court of Appeal · 1934
- Killam v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1913
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