Cummings v. Worcester, Leicester, & Spencer Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while a passenger on the defendant’s car. At the trial in the Superior Court, before Lilley, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff was a passenger riding in the daytime upon the front platform or steps of a closed street car, moving four miles an hour. His head struck a post standing about three feet from the nearer rail of the car track, and visible from the car for a quarter of a mile as the car approached. There was a conflict of evidence as to how the accident happened. The plaintiff’s evidence tended to show that he was facing the platform, and was standing with one foot on the step and the other foot on the platform, his left hand holding the body rail of the car and his right hand holding the dasher…
2Cases cited6 opinions
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
- Powers v. City of BostonMassachusetts Supreme Judicial Court · 1891
- Geitz v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1888
- Miller v. St. Louis RailroadMissouri Court of Appeals · 1878
- Francis v. . New York Steam Co.New York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Union Traction Co. v. SullivanIndiana Court of Appeals · 1905
- McDonough v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Mason v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- McCord v. Atlanta & Charlotte Air Line RailroadSupreme Court of North Carolina · 1903
7 more not listed; retrieve them via the Exa API.