Gardner v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, the first by a married woman against a corporation operating a street railway, for personal injuries alleged to have been incurred while the plaintiff was a passenger on a ear of the defendant on Massachusetts Avenue at the corner of. Boylston Street in Boston on January 26, 1906, and the second action by the husband of the plaintiff in the first action for medical expenses and loss of consortium caused by her injuries.
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Two actions OF tort, the first by a married woman against a corporation operating a street railway, for personal injuries alleged to have been incurred while the plaintiff was a passenger on a ear of the defendant on Massachusetts Avenue at the corner of. Boylston Street in Boston on January 26, 1906, and the second action by the husband of the plaintiff in the first action for medical expenses and loss of consortium caused by her injuries. Writs dated May 15, 1906. In the Superior Court the cases were tried together before Bond, J. The plaintiff in the first case testified, among other…
1Opinion of the CourtSheldon, J.
The female plaintiff seeks to recover for personal injuries alleged to have been caused to her by the sudden starting of one of the defendant’s cars, while she was stepping into it, through the negligence of the conductor. On the evidence the case was one for the jury to pass upon.
1. The defendant contends that the judge at the trial, in charging the jury upon the issue as to the defendant’s negli*216gence, set the standard of its duty too high; and we are of opinion that this complaint is well founded. The judge said to the jury: “ The common carrier has a duty with reference to the passengers,…
2Cases cited9 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Marshall v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thibeault v. PooleMassachusetts Supreme Judicial Court · 1933
- Ogden v. AspinwallMassachusetts Supreme Judicial Court · 1915
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Head v. MortonMassachusetts Supreme Judicial Court · 1939
- Carson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
17 more not listed; retrieve them via the Exa API.