Root v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tout for personal injuries, including a displaced or detached kidney, alleged to have been caused by a collision of two electric cars of the defendant in one of which the plaintiff was a passenger.
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Tout for personal injuries, including a displaced or detached kidney, alleged to have been caused by a collision of two electric cars of the defendant in one of which the plaintiff was a passenger. Writ dated March 19, 1900. At the trial in the Superior Court before Fessenden, J., it appeared that the accident occurred on September 10, 1899, at about 10.30 A. M. The plaintiff was seated on the third seat from the front of an open car, which was run into by a car from behind as it was entering the subway in Boston. By the force of the collision the plaintiff was thrown forward against the seat…
1Opinion of the CourtBraley, J.
The exceptions of the defendant are to the exclusion and admission on cross-examination of certain evidence, and to the refusal to rule as requested, to which the short and concise answer is that whether the questions put should have been excluded or answered was a matter wholly within the discretion of the presiding judge and not a matter of exception. Commonwealth v. Shaw, 4 Cush. 593, 594. And the request for a ruling came too late, under Rule 48 of the Superior Court, not having been called to the attention of the judge until after the instructions to the jury had been given.
But if the…
2Cases cited1 opinion
- Commonwealth v. CluneMassachusetts Supreme Judicial Court · 1894
3Cited by7 opinions
- Vaughan's Seed Store v. StringfellowSupreme Court of Florida · 1908
- Commonwealth v. ParsonsMassachusetts Supreme Judicial Court · 1907
- Kettleman v. AtkinsMassachusetts Supreme Judicial Court · 1918
- Horan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Peck v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
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