Thomas v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on January 6,1904, at about six o’clock in the afternoon while she was alighting from a car of the defendant at or near the corner of Tremont Street and Union Park Street in Boston.
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Tort for personal injuries alleged to have been sustained by the plaintiff on January 6,1904, at about six o’clock in the afternoon while she was alighting from a car of the defendant at or near the corner of Tremont Street and Union Park Street in Boston. Writ dated January 14, 1904. In the "Superior Court the case was tried before Karris, J. The plaintiff testified that at the time of the accident she lived at 8 Union Park Street; that she had been shopping and took a closed vestibule car opposite R. H. White’s store on Washington Street; that she paid her fare and stood a little way from…
1Opinion of the CourtSheldon, J.
There was no evidence to justify a finding by the jury that the injury to the plaintiff was due to any negligence of the defendant. The car did not start while she was alighting; no act either of omission.or of commission by any of the defendant’s servants appears to have had anything to do with her fall. There is a total failure of evidence to sustain the burden which rested on the plaintiff. Wadsworth v. Boston Elevated Railway, 182 Mass. 572. Gleason v. Worcester Consolidated Street Railway, 184 Mass. 290.
The plaintiff's counsel contends that from the facts that her dress was caught while…
2Cases cited8 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Faulkner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Obertoni v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1904
- Hill v. Iver Johnson Sporting Goods Co.Massachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Judson v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1922
- Lyons v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- James v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
10 more not listed; retrieve them via the Exa API.