Corsick v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, received while the plaintiff was in the employ of the defendant as a motorman and caused by a collision of a street car which the plaintiff was operating with a car which was standing in the Atlantic Avenue station of the East Boston tunnel. Writ dated July 15, 1907. In the Superior Court the case was tried before Dana, J. Material facts relating to the pleadings, the evidence and the instructions to the jury are stated in the opinion.
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Tort for personal injuries, received while the plaintiff was in the employ of the defendant as a motorman and caused by a collision of a street car which the plaintiff was operating with a car which was standing in the Atlantic Avenue station of the East Boston tunnel. Writ dated July 15, 1907. In the Superior Court the case was tried before Dana, J. Material facts relating to the pleadings, the evidence and the instructions to the jury are stated in the opinion. The witness Gerring, mentioned in the opinion, it appeared, had been a conductor in the defendant’s employ in charge of the car on…
1Opinion of the CourtSheldon, J.
These exceptions ought not to have been presented by counsel nor allowed by a judge in the form in which they come before us. Romana v. Boston Elevated Railway, ante, 76.
We do not attempt to make any statement of the case. The judge rightly ruled that the issues were for the jury. It could be found that the accident was caused by a defect in the brakes of the car or the apparatus connected therewith, and not by any negligence of the plaintiff, or by any unjustifiable violation on his part of the rules put in evidence by the defendant. It could be found also that this defect was due to the…
2Cases cited3 opinions
- Foster v. WorthingMassachusetts Supreme Judicial Court · 1888
- Liddle v. Old Lowell National BankMassachusetts Supreme Judicial Court · 1893
- Cumberland Glass Manufacturing Co. v. AtteauxMassachusetts Supreme Judicial Court · 1908
3Cited by22 opinions
- Commonwealth v. GilMassachusetts Supreme Judicial Court · 1984
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Commonwealth v. GranitoMassachusetts Supreme Judicial Court · 1950
- Commonwealth v. Chin KeeMassachusetts Supreme Judicial Court · 1933
- Commonwealth v. McGrathMassachusetts Supreme Judicial Court · 1972
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