Porter v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on June 8, 1916, when the plaintiff was a passenger on a street railway car of the defendant at or near the corner of Savin Hill Avenue and Dorchester Avenue in the part of Boston called Dorchester, the declaration being quoted in the opinion.
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Tort for personal injuries sustained by the plaintiff on June 8, 1916, when the plaintiff was a passenger on a street railway car of the defendant at or near the corner of Savin Hill Avenue and Dorchester Avenue in the part of Boston called Dorchester, the declaration being quoted in the opinion. Writ dated June 19,1916. In the Superior Court the case was tried before White, J., who submitted to the jury the special question which is quoted in the opinion, to which the jury answered, “No.” Thereupon the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtCarroll, J.
The plaintiff alleges in her declaration that, on June 8,1916, while a passenger on one of the defendant’s cars “at or near the corner of Dorchester and Savin Hill Avenues . . . the defendant, its agents, servants and employees, carelessly and negligently constructed, equipped and maintained its roadbed, tracks, car and apparatus, and negligently ran, operated and managed said car, and by reason of the aforesaid negligence the said car . . . left the rail” and she was injured.
There was evidence that when the plaintiff boarded the car it was crowded and she was unable to find a seat; that as…
2Cases cited1 opinion
- Baxter v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914