Gagnon v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OE tort by the administratrix of the estate of Zephron Gagnon, the first to recover for the conscious suffering, and the second for the death of the plaintiff’s intestate due to his having fallen beneath and been run over by the second car in a two car surface train of the defendant in the Park Street station of the subway in Boston on October 28, 1905. Writs dated July 20, 1906. The cases were tried together before Brown, J. .After the plaintiff’s counsel had…
Read the full summary
Two ACTIONS OE tort by the administratrix of the estate of Zephron Gagnon, the first to recover for the conscious suffering, and the second for the death of the plaintiff’s intestate due to his having fallen beneath and been run over by the second car in a two car surface train of the defendant in the Park Street station of the subway in Boston on October 28, 1905. Writs dated July 20, 1906. The cases were tried together before Brown, J. .After the plaintiff’s counsel had made an offer of proof in writing, setting forth evidence, the substance of which is stated in the opinion, the presiding…
1Opinion of the Court
Rugg J.
A two car train of the- defendant, whose crew consisted of three, the motorman in the forward end of the first or motor car, Corbett, the conductor of the same car standing on its rear platform, and Foster, the conductor of the second car or trailer standing on the step of its rear platform, moved slowly along the platform of the subway station at Park Street and *485was about a car length from the place where it was to stop, when the plaintiff’s intestate attempted to get upon the rear platform of the motor car, but his hand slipped from the grab iron and he fell under the train, and…
2Cases cited8 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Chadbourne v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Corlin v. West End Street RailwayMassachusetts Supreme Judicial Court · 1891
- Burns v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Thirlwell v. HinesSupreme Court of Kansas · 1921
- Binder v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1929
- Ferrell v. Washington Water Power Co.Washington Supreme Court · 1915
- Rohthstein v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1936