Legal Opinion

Faulkner v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided January 6, 1905PublishedCited by 27 opinions

Tort, by a girl ten years of age, for injuries to two of her fingers on which a window of a car of the defendant fell as the train, in which the plaintiff was a passenger with her sister, started from a station in the city of Lawrence called North Lawrence on August 3, 1902. Writ in the Municipal Court of.the City of Boston dated August 5, 1902. On appeal to the Superior Court the case was tried before Schofield, J., who ordered a verdict for the defendant.

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Tort, by a girl ten years of age, for injuries to two of her fingers on which a window of a car of the defendant fell as the train, in which the plaintiff was a passenger with her sister, started from a station in the city of Lawrence called North Lawrence on August 3, 1902. Writ in the Municipal Court of.the City of Boston dated August 5, 1902. On appeal to the Superior Court the case was tried before Schofield, J., who ordered a verdict for the defendant. The plaintiff alleged exceptions,.

1Opinion of the CourtLoring, J.

We are of opinion that the judge was right in directing a verdict for the defendant.

Taking the plaintiff’s evidence, all that appears is that the window fell when the train started with its “usual motion.” There was no evidence of a defect in the catch or in the window. When put up, the window was kept up by a bolt which rested on a metallic rest on the window jamb; this bolt was attached to the sash and was drawn back by pressing a spring; when the spring was released, the bolt flew out to its full length on to the rest. The plaintiff has argued that the testimony of Greim, who raised the…

2Cases cited2 opinions

  1. Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  2. Kendall v. City of BostonMassachusetts Supreme Judicial Court · 1875

3Cited by27 opinions

  1. Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
  2. Briganti v. Connecticut Co.Supreme Court of Connecticut · 1934
  3. Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
  4. Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
  5. Saunders v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1923

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