Kelley v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received as the plaintiff was attempting to board a surface car of the defendant on the upper level of the defendant’s station at Dudley Street in Boston at about 7.08 p.
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Tort for personal injuries received as the plaintiff was attempting to board a surface car of the defendant on the upper level of the defendant’s station at Dudley Street in Boston at about 7.08 p. M. on December 5, 1905. Writ dated December 15,1905. In the Superior Court the case was tried before Lawton, J. It appeared that the plaintiff had arrived on a car from Dorchester on the lower level of the station and had proceeded to the upper level to take a car for Jamaica Plain, and that it was while she was attempting to board the Jamaica Plain car that she received injuries as described in…
1Opinion of the CourtBraley, J.
The plaintiff, whose due care is not questioned, having been a passenger when injured, the defendant was bound to take every reasonable precaution for her transportation in safety, and to protect her against the unlawful violence of other passengers, and of its servants. Jackson v. Old Colony Street Railway, 206 Mass. 477, 485, 486.
The place of the accident was a terminal station arranged for the arrival and departure of cars over separate tracks located in the upper and lower sections of the building. It was essential to a clear understanding of the difficulties which the plaintiff claimed…
2Cases cited4 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Magee v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
3Cited by10 opinions
- Jackson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Coy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Sack v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
- Collins v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Grubb Ex Rel. Grubb v. Kansas City Railways Co.Missouri Court of Appeals · 1921
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