Black v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, who, the declaration alleged, “ owing to the crowding on the car ” of the defendant on which she was riding as a passenger, “ was obliged to stand in said car,” and was injured by reason of the negligent management of the car by the defendant’s servants. Writ dated December 24, 1906. The case was tried before White, J. The facts are stated in the opinion.
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Tort for personal injuries received by the plaintiff, who, the declaration alleged, “ owing to the crowding on the car ” of the defendant on which she was riding as a passenger, “ was obliged to stand in said car,” and was injured by reason of the negligent management of the car by the defendant’s servants. Writ dated December 24, 1906. The case was tried before White, J. The facts are stated in the opinion. At the close of the evidence the presiding judge refused to rule that there was no evidence of negligence on the part of the defendant. The jury found for the plaintiff; and the defendant…
1Opinion of the CourtLoring, J.
The plaintiff testified that she was standing up with her hand through the loop of “ the strap,” and her thumb on the outside; that she had hold of the strap “ firmly,” and that “ the strap was wrenched right out of my hand ” by the car’s stopping “ very suddenly,” more suddenly than she ever had seen a car stop, although she had been in the habit of riding on electric cars “ for a long while ” before the accident. She also testified that “ a number of other people ” standing in the car near her were thrown forward and back again by the sudden stop. This evidence, if believed, showed that the…
2Cases cited7 opinions
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Magee v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Cutts v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Smith v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1911
- Cuddyer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1943
- Anderson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Phinney v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1934
11 more not listed; retrieve them via the Exa API.