Eldredge v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, while he was a passenger upon an open electric street car of the defendant and standing on the running board, by reason of his being struck by the hub of a wheel on a vehicle in the street which was facing in the same direction as that in which the car was going and was being passed by the car.
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Tort for personal injuries received by the plaintiff, while he was a passenger upon an open electric street car of the defendant and standing on the running board, by reason of his being struck by the hub of a wheel on a vehicle in the street which was facing in the same direction as that in which the car was going and was being passed by the car. Writ in the Superior Court dated January 1,1906. The case was tried before Hardy, J. The material facts are stated in the opinion. At the close of the evidence, the presiding judge ordered a verdict for the defendant, and reported the case for…
1Opinion of the CourtBraley, J.
The plaintiff upon boarding the car found all the seats occupied, and stood upon the running board, where the conductor collected his fare and recognized him a? a. passenger. It could not have been ruled as matter of law wider our decisions that by reason of his position, which he had taken *584with the defendant’s permission, he was guilty of contributory negligence if subsequently injured through its carelessness. Pomeroy v. Boston & Northern Street Railway, 193 Mass. 507, 511, and cases cited. If the plaintiff, although lawfully on the running board, could not disregard the usual conditions of…
2Cases cited5 opinions
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
- Marshall v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Pomeroy v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Foster v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
3Cited by11 opinions
- London v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1919
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- O'Brien v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Heshion v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Diamato v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1937
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