Legal Opinion

Beverley v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided February 28, 1907PublishedCited by 21 opinions

Two ACTIONS OF TORT against the Boston Elevated Railway Company, the first by a married woman for personal injuries incurred on December 3,1903, at the Sullivan Square terminal station of the defendant’s elevated railway, and the second by the husband of the plaintiff in the first case for the loss of her services and the expenses of care and medical attendance made necessary by her injuries.

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Two ACTIONS OF TORT against the Boston Elevated Railway Company, the first by a married woman for personal injuries incurred on December 3,1903, at the Sullivan Square terminal station of the defendant’s elevated railway, and the second by the husband of the plaintiff in the first case for the loss of her services and the expenses of care and medical attendance made necessary by her injuries. Writs dated January 15, 1904. In the Superior Court the cases were tried together before Wait, J. The plaintiff in the first case testified that she had lived in Saco, Maine, for the past five years and…

1Opinion of the CourtLoring, J.

1. The exception must be overruled to the admission of the question: “ If three cars unloaded thirty-three passengers each upon the platform between Nos. 1 and 2 would it make a fair sized crowd on that platform ? ”

An ordinary person does not know from a statement of the facts whether the unloading of three cars containing thirty-three passengers each would make a fair sized crowd on the platform in question, the dimensions of which were in evidence. That is a conclusion relating to matters which are capable of being understood by men in general and which cannot be reproduced before the jury…

2Cases cited2 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907

3Cited by21 opinions

  1. Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
  2. DoCanto v. Ametek, Inc.Massachusetts Supreme Judicial Court · 1975
  3. Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  4. Schaeffer v. General Motors Corp.Massachusetts Supreme Judicial Court · 1977
  5. Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939

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