Anshen v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received on June 8, 1905, by reason of falling into the space between a car forming part of an elevated railway train of the defendant and the platform in the Seollay Square station in the subway in Boston, when the plaintiff was attempting to enter the car, as described in the opinion.
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Tort for personal injuries received on June 8, 1905, by reason of falling into the space between a car forming part of an elevated railway train of the defendant and the platform in the Seollay Square station in the subway in Boston, when the plaintiff was attempting to enter the car, as described in the opinion. Writ dated August 8, 1905. In the Superior Court the case was tried before Fessenden, J., who ordered a verdict for the defendant, and by agreement of the counsel for the parties and at their request reported the case for determination by this court npon the terms of reservation…
1Opinion of the CourtMorton, J.
The plaintiff, while boarding a" train in the Seollay Square station of the subway, fell into the space between the car and the platform and received the injuries complained of. At the close of the evidence the judge directed a verdict for the defendant, and at the request of counsel reported the case for the determination of the full court. If the ruling was right judgment is to be entered for the defendant. If the case should have been submitted to the jury judgment is to be rendered for the plaintiff for $1,500 damages.
We assume in the plaintiff’s favor that the evidence would have…
2Cases cited7 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Ryan v. Manhattan Railway Co.New York Court of Appeals · 1890
- Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Willworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Jackson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Sack v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
- Collins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Kinsley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.