MacLaren v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
‘ Tort for personal injuries alleged to have been received by the plaintiff by reason of her falling upon the steps of a station of the defendant at Scollay Square in Boston.
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‘ Tort for personal injuries alleged to have been received by the plaintiff by reason of her falling upon the steps of a station of the defendant at Scollay Square in Boston. Writ in the Superior Court lor the county of Suffolk dated October 16, 1908. At the trial, which was before Hitchcock, J., it appeared that the plaintiff had arrived at the Scollay Square subway station on an elevated train from Park Street, that the step upon which she fell was about half way up the second flight toward the street, and that the steps were equipped with the Mason tread, which was a suitable one. Other…
1Opinion of the CourtBraley, J.
At the time of the accident, although the plaintiff had left the car on which she had been a passenger, it was the defendant’s duty to maintain the stairway by which she must make her exit to the street in a reasonably safe condition for travel. Keefe v. Boston & Albany Railroad, 142 Mass. 251. If the defendant allowed the steps to become covered with a thin coating of mud, whereby they-became slippery and unsafe, it failed to perform this duty and is liable in damages for the injury. Upon the conditions of the weather at the time, the parties were sharply in conflict. The evidence for the…
2Cases cited1 opinion
- Keefe v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- Anjou v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Grace v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1945
- Moors v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
- Hartford v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1932
- Wilcox v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917
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