Legal Opinion

Watson v. Portland & Cape Elizabeth Railway Co.

Supreme Judicial Court of Maine

Decided June 13, 1898PublishedCited by 11 opinions

On Exceptions by Plaintiee. This was a suit for injuries sustained by the plaintiff wbo was thrown from the platform of the defendant’s car at Knightvillé, June 16, 1896, by reason of the car on which he was riding being carelessly run, as he alleged, upon an open switch leading from the main line to the car-barn at a rapid rate, the angle of the switch being fifty degrees. Tbe jury returned a verdict for tbe plaintiff, being ordered to do so by the court.

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On Exceptions by Plaintiee. This was a suit for injuries sustained by the plaintiff wbo was thrown from the platform of the defendant’s car at Knightvillé, June 16, 1896, by reason of the car on which he was riding being carelessly run, as he alleged, upon an open switch leading from the main line to the car-barn at a rapid rate, the angle of the switch being fifty degrees. Tbe jury returned a verdict for tbe plaintiff, being ordered to do so by the court. The plaintiff’s counsel requested the court to give the following instructions; but tbe court declined to do so except as appears in the…

1Opinion of the Court

Wiswell,'J.

The plaintiff, while riding upon the front platform of one of the defendant’s electric street cars, was thrown from the car by its sudden jolting, and, striking the ground with considerable violence, sustained more or less injury.

It is claimed that this was caused by the negligence of the motor-man in allowing his car to come towards a switch with such speed that he was unable to see whether it was properly set or not, *590and, the switch being open, that the car was propelled so rapidly onto a siding as to cause violent jarring and jolting.

After the evidence upon both sides had been…

2Cases cited6 opinions

  1. Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
  2. Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
  3. Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
  4. Pray v. Omaha Street Railway Co.Nebraska Supreme Court · 1895
  5. Vail v. . Railroad CompanyNew York Court of Appeals · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Seller v. Market-Street Railway Co.California Supreme Court · 1903
  2. Fuller v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904
  3. Call v. Portsmouth, Kittery & York Street RailwaySupreme Court of New Hampshire · 1899
  4. Huber v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1904
  5. Kreimelmann v. JourdanMissouri Court of Appeals · 1904

6 more not listed; retrieve them via the Exa API.

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