Weil v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for conscious suffering and the second for causing the death of Hannah Levy, the plaintiff’s testatrix, who was alleged to have been thrown to the ground as she was alighting from an open street railway car of the defendant on August 1, 1908, by reason of “gross negligence” of the defendant’s servants and agents in the manner in which they “started, stopped and operated” the car.
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Two actions of tort, the first for conscious suffering and the second for causing the death of Hannah Levy, the plaintiff’s testatrix, who was alleged to have been thrown to the ground as she was alighting from an open street railway car of the defendant on August 1, 1908, by reason of “gross negligence” of the defendant’s servants and agents in the manner in which they “started, stopped and operated” the car. Writs dated September 15, 1908. In the Superior Court the cases were tried together before Aiken, C. J. In his opening statement to the jury, counsel for the plaintiff stated that the…
1Opinion of the CourtBraley, J.
The first and decisive question for decision is. whether after verdicts for the defendant the ruling of law granting new trials on the plaintiff’s motions, because the issue was so narrowed in the instructions "that the plaintiff was deprived of opportunity to have the jury pass upon aspects of the case which . . . were open on the pleadings and the evidence,” was erroneous. If the ruling is right the plaintiff’s exceptions taken to rulings during the trial become immaterial. The rights of the defendant also are fully protected. The ruling made as the basis for the action of the Chief Justice…
2Cases cited20 opinions
- Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
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3Cited by5 opinions
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
- Omni Flying Club, Inc. v. Cessna Aircraft Co.Massachusetts Supreme Judicial Court · 1974
- Bryant v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- Perella v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
- Sampson v. Metropolitan Transit AuthorityMassachusetts Supreme Judicial Court · 1949