Phinney v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from falling into an open trench at a point between the rails of the track of the defendant on Salem Street near the corner of Everett Street in Medford on the night of November 19, 1906. Writ dated March 18,1907. In the Superior Court the case was tried before Bond, J. The parties made and filed the agreement which is quoted in the opinion.
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Tort for personal injuries from falling into an open trench at a point between the rails of the track of the defendant on Salem Street near the corner of Everett Street in Medford on the night of November 19, 1906. Writ dated March 18,1907. In the Superior Court the case was tried before Bond, J. The parties made and filed the agreement which is quoted in the opinion. At the close of the plaintiff’s case, the defendant rested and asked the judge to direct a verdict for the defendant, which the judge refused to do. An agreement then was entered into by the parties and was approved by the judge…
1Opinion of the CourtKnowlton, C. J.
The plaintiff was injured by falling into an unguarded trench four or five feet deep, dug by the water department of the city of Medford, in the street, across the track of the defendant’s railway. The accident happened in the evening. The parties filed in the case the following admission or agreement in writing: “In the above entitled case, the defendant, Boston Elevated Railway Company, hereby admits that the trench referred to in the plaintiff’s declaration was upon the night mentioned in said declaration in charge of a man paid by the defendant and that the said man was sent out to guard…
2Cases cited4 opinions
- Boucher v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Seltzer v. Amesbury & Salisbury Gas Co.Massachusetts Supreme Judicial Court · 1905
- Brow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Leary v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
3Cited by8 opinions
- Matternes v. City of Winston-SalemSupreme Court of North Carolina · 1974
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Metcalf v. MellenUtah Supreme Court · 1920
- Ferguson v. Ben M. Hogan CompanyDistrict Court, W.D. Arkansas · 1969
- Cleveland Railway Co. v. HellerOhio Court of Appeals · 1921
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