Legal Opinion

Field v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided July 1, 1905PublishedCited by 7 opinions

Two actions op tort, one by a girl, about seventeen years of age when injured, a passenger on an elevated train of the defendant, for injuries sustained while alighting at the defendant’s subway station at Park Street in Boston on the morning of December 9, 1901, and the other by the father of the plaintiff in the first case for loss of her services and earnings, and for expenses incurred for nursing and medical attendance.

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Two actions op tort, one by a girl, about seventeen years of age when injured, a passenger on an elevated train of the defendant, for injuries sustained while alighting at the defendant’s subway station at Park Street in Boston on the morning of December 9, 1901, and the other by the father of the plaintiff in the first case for loss of her services and earnings, and for expenses incurred for nursing and medical attendance. Writs dated January 20, 1902. In the Superior Court the cases were tried together before Hardy, J. The plaintiff in the first case testified that the train was very…

1Opinion of the CourtKnowlton, C. J.

The first of these cases cannot be distinguished from Willworth v. Boston Elevated Railway, ante, 220, and the decision of the second depends upon the same facts. The plaintiff in the first case had ridden on the elevated railway ten or a dozen times before the accident, and, although the car was crowded and she said the passengers were rushing to get out, she testified that “ there was the same rush that would ordinarily occur in an elevated train.” The evidence on the part of both the plaintiff and the defendant tended to show that the greatest space between the car and the platform of the…

2Cited by7 opinions

  1. Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
  2. Hawes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
  3. Knowles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
  4. Moulton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
  5. Dahl v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1929

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