Gentile v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for an assault and battery alleged to have been committed by the conductor of a street railway car operated by the defendant upon which the plaintiff was a passenger.
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Tort for an assault and battery alleged to have been committed by the conductor of a street railway car operated by the defendant upon which the plaintiff was a passenger. Writ dated August 2, 1912. In the Superior Court the case was tried before Wait, J. At the close of the evidence, which is described in the opinion, the plaintiff asked for the following rulings: “1. By the plaintiff’s contract, the duty rested upon the defendant of affording him full protection from unlawful violence at the hands of the conductor, to whom, as its representative, the management of the car had been…
1Opinion of the CourtCrosby, J.
The plaintiff offered evidence to show that he was a passenger upon a car of the defendant, and being unable to attract the attention of the conductor for the purpose of having the car stop so that he might alight, rang the bell, but by mistake registered a fare; that the conductor demanded of him five cents, *115and before he had an opportunity to comply with the request the conductor struck him with both hands on his head and pulled him off the car while it was in motion; and that the conductor afterwards struck him with an iron switch stick and broke a bone of his arm.
The defendant offered…
2Cases cited2 opinions
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
3Cited by4 opinions
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Vannah v. Hart Private HospitalMassachusetts Supreme Judicial Court · 1917
- Structural Systems, Inc. v. SiegelMassachusetts Appeals Court · 1975
- Burbidge v. Utah Light & Traction Co.Utah Supreme Court · 1921