Gould v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred while the plaintiff was a passenger in an open car of the defendant from the breaking of a seat arm which caused the back of the seat in front of the plaintiff to fall on her knee.
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Tort for personal injuries incurred while the plaintiff was a passenger in an open car of the defendant from the breaking of a seat arm which caused the back of the seat in front of the plaintiff to fall on her knee. Writ dated August 31, 1903. At the trial in the Superior Court before Sherman, J. the defendant at the close of the evidence asked the judge to rule that there was no evidence of any defect which could have been discovered by the most careful inspection, and that on all the evidence the verdict must be for the defendant. The judge refused to make these rulings and submitted the…
1Opinion of the CourtLoring, J.
The plaintiff was a passenger in an open car of the defendant railway. She was injured by the back of the seat *397in front of her falling on her knee. The fall of the back of the seat was caused by the breaking of the metallic armature (an inch and a quarter thick), by which it was attached to the post on the side of the car.
The plaintiff’s witnesses testified that after the accident they examined the break, and half of it was bright and the other half was “ rusty,” “ black,” “ dull,” and “ corroded.” In our opinion this evidence warranted a finding that the arm was cracked before the accident.…
2Cases cited1 opinion
- Harnois v. CuttingMassachusetts Supreme Judicial Court · 1899
3Cited by6 opinions
- Solomon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1931
- Young v. SnellMassachusetts Supreme Judicial Court · 1908
- Shavelson v. MarcusMassachusetts Supreme Judicial Court · 1930
- Hannan v. American Steel and Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
- Wood v. National Theatre Co.Massachusetts Supreme Judicial Court · 1942
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