Murphy v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on July 14, 1914, while she was a passenger on a car of the defendant by reason of the sash of a window coming down upon her elbow when the car was passing along Boston Avenue near Tufts College in Medford and she was sitting with her arm leaning on the window sill.
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Tort for personal injuries sustained by the plaintiff on July 14, 1914, while she was a passenger on a car of the defendant by reason of the sash of a window coming down upon her elbow when the car was passing along Boston Avenue near Tufts College in Medford and she was sitting with her arm leaning on the window sill. Writ dated July 27, 1914. In the Superior Court the plaintiff by order of the court filed specifications, of which the essential part is quoted in the opinion. The case was tried before Hardy, J. The testimony of the plaintiff is described in the opinion. It is stated in the…
1Opinion of the CourtCrosby, J.
The plaintiff seeks to recover for personal injuries received, while a passenger on a car of the defendant, by reason of a window falling upon her elbow. By order of the Superior Court specifications were filed by the plaintiff alleging that the negligence of the defendant, on which she relied, consisted “in the omission on the part of the defendant to provide a safe and proper window in the car, and as a result of such omission, the window fell down on the arm of the plaintiff and severely injured her.”
The plaintiff boarded the car at Sullivan Square in Boston, which is known as a terminal…
2Cases cited3 opinions
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Faulkner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Hunt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
3Cited by6 opinions
- Briganti v. Connecticut Co.Supreme Court of Connecticut · 1934
- Morrow v. OtisMassachusetts Supreme Judicial Court · 1925
- Wilson v. Honeywell, Inc.Massachusetts Appeals Court · 1990
- Luca v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1930
- Glaze v. Cleveland (City)Ohio Court of Appeals · 1950
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