Legal Opinion

Boden v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided May 17, 1910PublishedCited by 7 opinions

Tout for personal injuries alleged to have been received by the plaintiff on December 25,1905, at the Dudley Street station of the defendant in Boston when with a view to getting upon a surface car before it reached the platform built for the use of passengers entering and leaving such cars, he was passing along a platform built for use of employees of the defendant.

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Tout for personal injuries alleged to have been received by the plaintiff on December 25,1905, at the Dudley Street station of the defendant in Boston when with a view to getting upon a surface car before it reached the platform built for the use of passengers entering and leaving such cars, he was passing along a platform built for use of employees of the defendant. Writ dated September 7, 1906. The case was tried before Brown, J. At the close of the evidence, the presiding judge ordered a verdict for the defendant ; and the plaintiff alleged exceptions.

1Opinion of the CourtKnowlton, C. J.

The plaintiff took a train on the defendant’s elevated railway to the Dudley Street terminal station. There he undertook to pass by transfer to a surface car of the defendant which came into the same station. From the platform on which passengers alight from the cars on the elevated railway, there were three steps down to a covered platform from *506which passengers take cars running out on some of the defendant’s surface roads. This platform was two hundred and five feet long and. twenty-one feet wide, and the cars from the surface roads came up a gradual ascent from the street below, and passed…

2Cases cited1 opinion

  1. Legge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908

3Cited by7 opinions

  1. Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. Beausoleil v. Massachusetts Bay Transportation AuthorityDistrict Court, D. Massachusetts · 2001
  3. Youngerman v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1916
  4. McConville v. Massachusetts Bay Transportation AuthorityDistrict Court, D. Massachusetts · 1994
  5. Hyams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914

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