Rand v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff from being thrown from a street car of the defendant because of its starting suddenly while she was on the step of the front platform. Writ in the Superior Court for the county of Suffolk dated May 16, 1905. The declaration alleged that the plaintiff was a passenger upon the car of the defendant from which she was thrown.
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Tort for personal injuries received by the plaintiff from being thrown from a street car of the defendant because of its starting suddenly while she was on the step of the front platform. Writ in the Superior Court for the county of Suffolk dated May 16, 1905. The declaration alleged that the plaintiff was a passenger upon the car of the defendant from which she was thrown. The fact was not denied by the defendant at the trial, which was before Dana, J., and, in his charge to the jury, he stated, without objection on the part of the defendant: “ The plaintiff' in this case has the rights of a…
1Opinion of the CourtBraley, J.
It must be taken as settled that a street railway company, as a common carrier, while not an insurer of the safety of passengers, is held to a high degree of care, and that, after a car has been stopped for those who desire to take passage, they should be allowed a sufficient time to get aboard safely before the car is started. Pomeroy v. Boston & Northern Street Railway, 193 Mass. 507. Millmore v. Boston Elevated Railway, 194 Mass. 323. Marshall v. Boston & Worcester Street Railway, 195 Mass. 284. If the platform becomes crowded, or there are a number of passengers to get on, more time might…
2Cases cited12 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Marshall v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Block v. City of WorcesterMassachusetts Supreme Judicial Court · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Olund v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Vine v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Harrison v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
- McCarthy v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.