Cummings v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on August 10, 1910, when he was operating a street railway car as a motorman of the defendant on Washington Street in the part of Boston called Roslindale.
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Tort for personal injuries sustained by the plaintiff on August 10, 1910, when he was operating a street railway car as a motorman of the defendant on Washington Street in the part of Boston called Roslindale. Writ dated November 10, 1912. In the Superior Court the case was tried before Quinn, J. The plaintiff at the time of the accident was about twenty-one years of age and had been the manager of a grocery, and he had been in the employ of the defendant a little more than a month. He testified on his direct examination that, as a result of an application for employment by the defendant, he…
1Opinion of the CourtBraley, J.
The car previously to and at the time of the collision did not respond to the hand brake but ran irregularly, and, without deciding it, we assume that upon the testimony the jury could find that the irregularity of the action of the brakes resulted from defective mechanism which the defendant in the proper discharge of its duty as employer should have known and remedied. Ruddy v. George F. Blake Manuf. Co. 205 Mass. 172, 178, 189.
But, if this issue was for the jury, the plaintiff also must show his own due care. It appears that after preliminary instructions he began work as a motorman, and,…
2Cases cited4 opinions
- Corsick v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Ruddy v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1910
- Foley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Buchanan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913