Corlin v. West End Street Railway
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while attempting to get on an electric car of the defendant company while in motion. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material to the point decided, was as follows.
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Tort, for personal injuries occasioned to the plaintiff while attempting to get on an electric car of the defendant company while in motion. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material to the point decided, was as follows. The plaintiff, who was the only witness, testified that he was thirty-three years of age, and had been accustomed for twelve years to ride in street cars every day, and to get on to them and to leave them while in motion; that about five o’clock in the afternoon of August 10, 1889, he stood upon the sidewalk…
1Opinion of the CourtKnowlton, J.
It was admitted by the defendant, at the argument, that there was evidence on which the jury might have found that the defendant was negligent. The only ground on which it was contended that the ruling of the court should be sustained was the alleged absence of evidence that the plaintiff was in the exercise of due care. The defendant conceded that the mere fact that the plaintiff was getting on a street car propelled by electricity while it was in" motion did not show negligence on his part, but argued that the court should take judicial notice that street cars propelled by electricity often…
2Cases cited4 opinions
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
- Briggs v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1888
3Cited by13 opinions
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
- Beal v. Lowell & Dracut Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Garvey v. Rhode Island CompanySupreme Court of Rhode Island · 1904
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