James v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff by reason of a car of the defendant being started as she was in the act of alighting therefrom at the corner of Centre Street and Walden Street in that part of Boston called Jamaica Plain.
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Tort for personal injuries alleged to have been received by the plaintiff by reason of a car of the defendant being started as she was in the act of alighting therefrom at the corner of Centre Street and Walden Street in that part of Boston called Jamaica Plain. Writ dated January 8, 1909. In the Superior Court the case was tried before Dubuque, J. Besides the testimony of the plaintiff stated in the opinion, she testified that, at the time when she was injured, she was the only person on the car excepting the motorman and the conductor, that, after she reached the rear platform and raised…
1Opinion of the CourtBraley, J.
By the terms of the report “it is agreed by the parties that if the plaintiff’s exceptions were properly alleged, saved and filed, and should be sustained, or if, for any reason, the plaintiff is entitled to a new trial, then judgment is to be entered for” her “in the sum fixed by the jury.” The procedure at the trial was fluctuating and unusual. At the close of the plaintiff’s evidence the defendant requested a ruling that she was not entitled to recover. The judge upon hearing counsel announced that the request would be granted, and after saving exceptions counsel for the plaintiff left the…
2Cases cited7 opinions
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
- Shanahan v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- McManus v. ThingMassachusetts Supreme Judicial Court · 1911
- Brown v. DeanMassachusetts Supreme Judicial Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1975
- Edwards v. WilleyMassachusetts Supreme Judicial Court · 1914
- Parker v. Lewis J. Bird Co.Massachusetts Supreme Judicial Court · 1915
- Commonwealth v. FrancisMassachusetts Supreme Judicial Court · 1978
4 more not listed; retrieve them via the Exa API.