Sandler v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received when the plaintiff was a passenger upon an electric street car of the defendant.
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Tort for personal injuries alleged to have been received when the plaintiff was a passenger upon an electric street car of the defendant. Writ dated October 8, 1914. In the Superior Court, the action was tried before Cox, J., who, at the close of the plaintiff’s evidence, which is described in the opinion, ordered a verdict for the defendant and reported the action to this court for determination, the parties agreeing that, if this court should be of the opinion that there was any evidence upon which the plaintiff was entitled to go to the jury, judgment was to be entered for the plaintiff in…
1Opinion of the Court
By the Court.
The plaintiff, a passenger seated within one of the defendant’s trolley cars “going fast” on a public street, “heard a crash and the car gave a bang and I fell right down on the floor” of the car and received injuries. Other witnesses testified that at intersecting streets an automobile truck was in collision with and in front of the trolley car. There was no evidence concerning the manner in which the truck and car came into collision. There is nothing in these facts to show any negligence on the part of the defendant. The doctrine of res ipso loquitur has no application to…
2Cases cited5 opinions
- Stangy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915
- Magee v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Doherty v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- McNiff v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- Niland v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by7 opinions
- Reardon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
- Washburn v. R. F. Owens Co.Massachusetts Supreme Judicial Court · 1925
- O'Neill v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Cuddyer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1943
- Cohen v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1929
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