Baxter v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been caused by the plaintiff, a woman eighty years of age, being thrown from a train of the defendant as she was in the act of alighting. 'Writ dated May 15, 1911. In the Superior Court the case was heard by Lawton, J., without a jury. The memorandum filed by the judge and referred to in the opinion was as follows: “I find that the defendant was negligent.
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Tort for personal injuries alleged to have been caused by the plaintiff, a woman eighty years of age, being thrown from a train of the defendant as she was in the act of alighting. 'Writ dated May 15, 1911. In the Superior Court the case was heard by Lawton, J., without a jury. The memorandum filed by the judge and referred to in the opinion was as follows: “I find that the defendant was negligent. I am satisfied that there was no unusual violence in the starting of the train. I have considered that the result of throwing a person backwards against anything is sometimes a blow, sometimes a…
1Opinion of the CourtLoring, J.
This case comes to us on an exception to a finding made by a judge who tried the case without a jury. The exception is "upon the ground that as a matter of law the evidence in the case is not sufficient to support the finding that the plaintiff received no substantial injury, and the finding in favor of the defendant.” This exception was taken after the finding was made and no rulings were asked for by the plaintiff at the trial.
The plaintiff, a passenger on one of the defendant’s trains, was in the act of stepping from the platform to the top step to alight at her destination, when through…
2Cited by3 opinions
- Hooper v. CuneoMassachusetts Supreme Judicial Court · 1917
- Lanigan v. SchartonMassachusetts Supreme Judicial Court · 1921
- Halbert v. BrooksMassachusetts Supreme Judicial Court · 1921