Champagne v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on May 21,1911, when she was a passenger on a street railway car of the defendant, by reason of the alleged negligence of the defendant’s servants in starting the car when the plaintiff was in the act of alighting from it at or near the defendant’s car barns on Mount Auburn Street in Cambridge.
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Tort for personal injuries alleged to have been sustained by the plaintiff on May 21,1911, when she was a passenger on a street railway car of the defendant, by reason of the alleged negligence of the defendant’s servants in starting the car when the plaintiff was in the act of alighting from it at or near the defendant’s car barns on Mount Auburn Street in Cambridge. Writ dated July 15, 1912. In the Superior Court the case was tried before Bell, J. The evidence is described in the opinion. The defendant asked the judge to make certain rulings, of which the first and second were as follows:…
1Opinion of the CourtDe Courcy, J.
On the plaintiff’s testimony the jury could find that the facts as to the accident were as follows: At about ten o’clock in the evening of May 21, 1911, the plaintiff with her two children boarded an open car of the defendant on Mount Auburn Street in Watertown. The car was bound for Hanover Street in Boston; and, as there were no unoccupied seats, they stood with others on the rear platform. Before reaching Mount Auburn bridge the plaintiff secured transfers for Huron Avenue. As the car was coming to a stop near the Mount Auburn transfer station, the conductor, who was on the running board…
2Cases cited3 opinions
- Killam v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Donahoe v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Rubinovitch v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by2 opinions
- Leavitt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Brown v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939