Beattie v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OF TOUT, the first for personal injuries received by the plaintiff therein (hereafter called the plaintiff) for personal injuries alleged to have been caused to her by reason of the explosion of the electric controller of an open electric car upon which she was a passenger; the second was by the husband of the plaintiff in the first case for consequential damages.
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Two actions OF TOUT, the first for personal injuries received by the plaintiff therein (hereafter called the plaintiff) for personal injuries alleged to have been caused to her by reason of the explosion of the electric controller of an open electric car upon which she was a passenger; the second was by the husband of the plaintiff in the first case for consequential damages. Writs in the Superior Court for the county of Middlesex dated November 5, 1906. At the trial in the Superior Court before Hardy, J., the cases were left to the jury upon the fourth counts of the declarations only, which…
1Opinion of the CourtKnowlton, C. J.
There was evidence to warrant a finding that the female plaintiff was in the exercise of due care. Ac*6cording to the testimony, the explosion on the electric car was terrific. The controller in the front end of the car exploded, blowing a hole in its metallic covering, emitting a flame which lighted up the whole car. According to one witness “ The flame appeared to leap up to the roof and envelop the whole car. The whole car appeared to be ablaze.” Of the large number of passengers on the car all but one who was detained there rapidly left the car. The fact that the plaintiff could not…
2Cases cited4 opinions
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Pinney v. HallMassachusetts Supreme Judicial Court · 1892
- Gilmore v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by16 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Couris v. Casco Amusement Corp.Massachusetts Supreme Judicial Court · 1956
- St. Louis v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Olsen v. New England Fuel & Transportation Co.Massachusetts Supreme Judicial Court · 1925
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