Smith v. Boston Elevated Ry. Co.
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. Action at law by Pauline A. Smith against the Boston Elevated Railway Company. Judgment for defendant, and plaintiff britigs error.
1Opinion of the Court
BROWN, District judge.
This is a writ of error brought after the direction of a verdict for the defendant on the second jury trial of an action of tort for personal injuries.
A verdict for the plaintiff at the first trial was set aside for reasons set forth in our opinion of March 1C, 1909. 1C8 Ped. 628. At the second trial, though the plaintiff made changes in her testimony, a verdict was directed for the defendant. ‘
At the first trial it appeared that the plaintiff fell while entering the defendant’s car. At the argument before us on the former writ of *388error it was contended that the…
2Cases cited11 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Sturm v. BokerSupreme Court of the United States · 1893
- Pope v. AllisSupreme Court of the United States · 1885
- Harriman v. Northern Securities Co.Supreme Court of the United States · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Patriot Cinemas, Inc. v. General Cinema Corp.Court of Appeals for the First Circuit · 1987
- Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1939
- Clifton v. TombCourt of Appeals for the Fourth Circuit · 1927
- Gohlinghorst v. RuessNebraska Supreme Court · 1945
- Kimmell v. TiptonCourt of Appeals of Texas · 1940
26 more not listed; retrieve them via the Exa API.