Legal Opinion

Tupper v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided January 6, 1910PublishedCited by 9 opinions

Two Actions op tort against a corporation operating a street railway, the first by a married woman for personal injuries sustained while she was a passenger in an open electric car of the defendant on Huntington Avenue in Boston at about half past five o’clock in the afternoon of July 2,1906, and the seconcL action by the husband of the plaintiff in the first case for damages occasioned by her injuries.

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Two Actions op tort against a corporation operating a street railway, the first by a married woman for personal injuries sustained while she was a passenger in an open electric car of the defendant on Huntington Avenue in Boston at about half past five o’clock in the afternoon of July 2,1906, and the seconcL action by the husband of the plaintiff in the first case for damages occasioned by her injuries. Writs dated January 9,1907. In the Superior Court the cases were tried together before Lawton, J., who at the close of the testimony of the plaintiff in the first case ruled that there was no…

1Opinion of the CourtMorton, J.

The woman plaintiff, whom we shall speak of as the plaintiff, was the only witness at the trial. In describing the accident in her direct examination the plaintiff, after stating that she had been to the children’s hospital with her six year old son, who, though sick, was able to walk and move about, testified that “ she took the car at a point opposite the hospital at Huntington Avenue. When the car came to a stop she lifted the child to the running board, stepped on the running board herself, lifted the child upon the platform of the car and put him from there upon the outer end of the…

2Cases cited8 opinions

  1. McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  2. Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
  3. Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
  4. Hunt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  5. Weeks v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
  2. Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
  3. Ebert v. HaskellMassachusetts Supreme Judicial Court · 1914
  4. Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914

4 more not listed; retrieve them via the Exa API.

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