Minihan v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred on the evening of August 31, 1904, when the plaintiff was a passenger on a short four wheeled box car of the defendant on Dorchester Street in that part of Boston called South Boston. Writ dated October 20, 1904. In the Superior Court the case was tried before Sblmes, J. It appeared that the car in which the plaintiff was a passenger contained about twenty-five passengers and was not crowded.
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Tort for personal injuries incurred on the evening of August 31, 1904, when the plaintiff was a passenger on a short four wheeled box car of the defendant on Dorchester Street in that part of Boston called South Boston. Writ dated October 20, 1904. In the Superior Court the case was tried before Sblmes, J. It appeared that the car in which the plaintiff was a passenger contained about twenty-five passengers and was not crowded. The accident occurred at or near a certain disused railroad bridge of the New York, New Haven, and Hartford Railroad Company, near the corner of Newman Street and…
1Opinion of the CourtLosing, J.
1. The refusal of the president of the defendant railway company to answer interrogatories 4, 5, 6 and 7 was the assertion of .a right based on a question of law.
It happened that he was right in his refusal to answer these interrogatories, that is to say, he was right on the question of law raised by him. The plaintiff did not declare on negligence in employing an incompetent conductor or motorman, and for that reason these interrogatories were not material.
But the fact that the president of the defendant company was right is of no consequence in this connection. Right or wrong, his refusal…
2Cases cited5 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Hofnauer v. R. H. White Co.Massachusetts Supreme Judicial Court · 1904
- Pinney v. HallMassachusetts Supreme Judicial Court · 1892
- Savage v. Marlborough Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Hebblethwaite v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by40 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 1967
- Gordon v. BedardMassachusetts Supreme Judicial Court · 1929
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Mayes v. Kansas City Power & Light Co.Supreme Court of Kansas · 1926
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