Pomeroy v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, a minor, while alighting from a train on the defendant’s railroad. At the trial in the Superior Court, before Maynard, J., the jury-returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries, alleged to have been caused by negligently permitting a car to move suddenly while the plaintiff, a passenger, was alighting from it at a station. At the trial there was evidence that the car moved as alleged, but it did not appear who made it move. Of course the jury, if they believed the story, were at liberty to find that some servant of the company was the cause, probably the brakeman, the conductor, or the engineer. The defendant tried to break the force of this inference by asking successive instructions that upon the pleadings and evidence there…
2Cases cited1 opinion
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
3Cited by5 opinions
- Clarke v. Second National BankMassachusetts Supreme Judicial Court · 1901
- Cincinnati Traction Co. v. FrankOhio Court of Appeals · 1915
- Bartlett v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1919
- Cincinnati Traction Co. v. FrankHamilton County Court · 1915
- Krasnicki v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917