Plummer v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while attempting to enter the side door of a car of a south bound elevated train in the Scollay Square station of the defendant in Boston, January 3, 1903. Writ dated April 8, 1903. The specification in the declaration as to negligence of the defendant was that the plaintiff “ was injured by reason of the negligence and carelessness of the defendant, its agents, officers and servants who so carelessly operated one of the…
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Tort for personal injuries received by the plaintiff while attempting to enter the side door of a car of a south bound elevated train in the Scollay Square station of the defendant in Boston, January 3, 1903. Writ dated April 8, 1903. The specification in the declaration as to negligence of the defendant was that the plaintiff “ was injured by reason of the negligence and carelessness of the defendant, its agents, officers and servants who so carelessly operated one of the defendant’s cars and who so carelessly constructed, maintained, controlled and operated a moving platform connected with…
1Opinion of the CourtRugg, J.
1. The question of due care on the part of the plaintiff is a close one. The place of the accident was well lighted. The estimates of horizontal distances between the side door of the car and the edge of the permanent platform varied from fourteen to twenty inches, and the maximum possible distance including a lurch of the car was twenty-one inches. The contention of the plaintiff (which the jury, in view of other instructions given, must have found to be correct) was that, when the sliding platform was projected out against the car, the space in front of about one half the width of the door,…
2Cases cited18 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Commonwealth v. LeonardMassachusetts Supreme Judicial Court · 1886
- Sayles v. QuinnMassachusetts Supreme Judicial Court · 1907
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. BartoliniMassachusetts Supreme Judicial Court · 1938
- Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
39 more not listed; retrieve them via the Exa API.