Danovitz v. Blue Hill Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first action being for personal injuries received, as the plaintiff was leaving an open electric street car of the defendant at Mattapan Square in Boston, by a seat being turned over upon her hand; and the second action being by the husband of the plaintiff in the first action for consequential damages.
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Two actions of tort, the first action being for personal injuries received, as the plaintiff was leaving an open electric street car of the defendant at Mattapan Square in Boston, by a seat being turned over upon her hand; and the second action being by the husband of the plaintiff in the first action for consequential damages. Writs dated August 21, 1912. In the Superior Court the cases were tried together before Fessenden, J. Material facts which the plaintiff’s evidence tended to prove are stated in the opinion. There also was evidence tending to show that, as the plaintiff was on the…
1Opinion of the CourtHammond, J.
As the case of Samuel depends upon that of Rose, we will discuss only the latter.
Upon the evidence the jury might have found that the plaintiff, while alighting from the car in the exercise of due care, was injured by the turning of a seat of the car upon her wrist; that the seat was turned by some one who was trying to get upon the car; that this person was one of a turbulent and boisterous crowd of persons who were violently attempting to get upon the car; that the presence of such a crowd at such a time was not unusual and was likely to result in injury to passengers alighting; that the…
2Cases cited3 opinions
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Collins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Morse v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by11 opinions
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- MacGilvray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Dilley v. Baltimore Transit Co.Court of Appeals of Maryland · 1944
- Rich v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
- Sack v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
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