Legal Opinion

Farrington v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided May 22, 1909PublishedCited by 14 opinions

Tort for personal injuries alleged to have been incurred when alighting from a car of the defendant in which the plaintiff was a passenger, at the time and place and in the manner described in the opinion. Writ dated November 18,1905. In the Superior Court the case was tried before Bishop, J. The facts shown by the evidence are stated in the opinion.

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Tort for personal injuries alleged to have been incurred when alighting from a car of the defendant in which the plaintiff was a passenger, at the time and place and in the manner described in the opinion. Writ dated November 18,1905. In the Superior Court the case was tried before Bishop, J. The facts shown by the evidence are stated in the opinion. At the close of the evidence the defendant asked for certain rulings and instructions, of which the first was that upon all the evidence the plaintiff could not recover, the second was that upon all the evidence the plaintiff was not in the…

1Opinion of the CourtHammond, J.

This is an action to recover for injuries sustained by the plaintiff in alighting from one of the defendant’s open cars at 8.45 in the 'evening of July 28, 1905, at or nearly opposite the intersection of Garrison Street with Huntington Avenue in Boston. Through this part of the avenue there is a reserved space twenty-five feet wide (including curbstones) which was laid out in .1894 as a part of the avenue, “ for the use of street railways and for grass.” This reserved space is a few inches above the level of the street on either side, and is bounded witli granite curbing seven inches wide set…

2Cases cited1 opinion

  1. Burke v. City of HaverhillMassachusetts Supreme Judicial Court · 1904

3Cited by14 opinions

  1. Chesley v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1920
  2. Hiltner v. Kansas CitySupreme Court of Missouri · 1956
  3. Jacobson v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1922
  4. Cleveland v. Danville Traction & Power Co.Supreme Court of Virginia · 1942
  5. Low v. Harrisburg Railways Co.Supreme Court of Pennsylvania · 1927

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