Killam v. Wellesley & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the starting of an open electric street railway car, operated by the defendant, as the plaintiff was in the act of entering it from the running board. Writ dated August 5, 1905. In the Superior Court the case was tried before Crosby, J. The only evidence relating to the cause of the starting of the car is stated in the opinion, where also are stated the other material facts.
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Tort for personal injuries alleged to have been caused by the starting of an open electric street railway car, operated by the defendant, as the plaintiff was in the act of entering it from the running board. Writ dated August 5, 1905. In the Superior Court the case was tried before Crosby, J. The only evidence relating to the cause of the starting of the car is stated in the opinion, where also are stated the other material facts. At the close of the evidence the defendant asked the judge to rule that on all of the evidence the plaintiff could not recover. The ruling was refused. The jury…
1Opinion of the CourtRugg, C. J.
There was evidence tending to show that the plaintiff attempted to board a car of the defendant after it had stopped at a regular stopping place, and that while she was in the act of stepping from the running board into the car it started in the usual way as it ordinarily did and continued on its course, whereby she was injured. In answer to the question, “Did you hear any bells given to start the car?” the plaintiff testified, “I don’t remember. All I know is the car started.” This was equivalent to no evidence that the car started by reason of a signal given by starting bells. Slattery v.…
2Cases cited8 opinions
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Savage v. Marlborough Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Cross v. AlbeeMassachusetts Supreme Judicial Court · 1924
- Fitzpatrick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Reardon v. MarstonMassachusetts Supreme Judicial Court · 1941
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
5 more not listed; retrieve them via the Exa API.