Scannell v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the starting of an electric street car of the defendant as the plaintiff was in the act of alighting. Writ dated January 11, 1908. In the Superior Court the case was tried before Harris, J. The plaintiff was the only witness who testified in regard to the accident.
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Tort for personal injuries alleged to have been caused by the starting of an electric street car of the defendant as the plaintiff was in the act of alighting. Writ dated January 11, 1908. In the Superior Court the case was tried before Harris, J. The plaintiff was the only witness who testified in regard to the accident. She testified that, in the act of attempting to alight, “ she put her right foot on the step, and was about to put her left foot on the ground, having hold of the rear grab handle with her right hand, her left foot touching or almost touching the ground, when the conductor…
1Opinion of the CourtSheldon, J.
It is the right and duty of a judge presiding at the trial of a civil case to set aside the verdict of the jury when in his judgment it is so greatly against the weight of the evidence as to induce in his mind the strong belief that it was not due to a careful consideration of the evidence, but that it was the product of bias, misapprehension or prejudice. R. L. c. 173, § 112. Aiken v. Holyoke Street Railway, 180 Mass. 8, 11, 12. In the case at bar, the plaintiff herself was the only witness who testified to the happening of the accident by which she claimed to have been injured. If under the…
2Cases cited6 opinions
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Welsh v. Milton Water Co.Massachusetts Supreme Judicial Court · 1909
- Greene v. FarlowMassachusetts Supreme Judicial Court · 1884
- Hayward v. LangmaidMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Solimene v. B. GRAUEL & CO., KGMassachusetts Supreme Judicial Court · 1987
- Kuwaiti Danish Computer Co. v. Digital Equipment Corp.Massachusetts Supreme Judicial Court · 2003
- Hartmann v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1948
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