Silva v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for injuries sustained by the plaintiff on July 30, 1906, at the station of the defendant at Gloucester, when the plaintiff was a passenger upon a train of the defendant, from having the index finger of her left hand caught between the door jamb and the door of the car from which she was about to alight.
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Tort for injuries sustained by the plaintiff on July 30, 1906, at the station of the defendant at Gloucester, when the plaintiff was a passenger upon a train of the defendant, from having the index finger of her left hand caught between the door jamb and the door of the car from which she was about to alight. Writ dated September 20,1906. In the Superior Court the case was tried before Raymond, J. The plaintiff testified that in July, 1906, she was nineteen years of age, and was living in Gloucester; that just previous to the accident she had been working as a housemaid in Magnolia; that on…
1Opinion of the CourtSheldon, J.
The question of the plaintiff’s due care was for the jury. She waited for at least a sufficient time before getting up from her seat and starting to leave the car. She went out in the ordinary way. It is contended that it was negligent for her to rest her hand upon the door jamb without looking to see where she had put it. But if we assume that her conduct is now to be judged as if she had looked and seen that her hand was liable to be injured if the door should close upon it, we are yet of opinion that this question was for the jury. The door had been opened and “slammed back” by the…
2Cases cited15 opinions
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Minihan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Richardson v. Portland Trackless Car Co.Oregon Supreme Court · 1925
- Knych v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1946
- McKnight v. Red Cab Co.Massachusetts Supreme Judicial Court · 1946
- Brehm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1922
- Kellogg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
8 more not listed; retrieve them via the Exa API.