White v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Contract, with a count in tort, both counts being alleged to be for the same cause of action, for personal injuries occasioned to the plaintiff from the failure of the defendant to stop one of its cars, on which the plaintiff was a passenger, at one of its regular stopping places, on reasonable notice of the plaintiff that he desired it stopped at such stopping place, and from failure to use all necessary care and skill in the management of the ear.
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Contract, with a count in tort, both counts being alleged to be for the same cause of action, for personal injuries occasioned to the plaintiff from the failure of the defendant to stop one of its cars, on which the plaintiff was a passenger, at one of its regular stopping places, on reasonable notice of the plaintiff that he desired it stopped at such stopping place, and from failure to use all necessary care and skill in the management of the ear. Trial in the Superior Courf, before Bond, J., who allowed a bill of exceptions as follows. The plaintiff testified that there was a white post on…
1Opinion of the CourtAllen, J.
The plaintiff’s construction of his bill of exceptions is, that the car went without stopping past the place where he expected it to stop, and that he then undertook to get off while the car was in motion. Assuming this to be so, he fully knew the condition of things ; he was aware that the car was'moving ; it was daylight; he stood upon the step of the platform and could see where he was about to step; no unexpected jerk or sudden motion or stopping of the car occurred; he had been in the habit of getting upon and off street cars when they were in motion, and always without injury, and- on…
2Cases cited2 opinions
- Murdock v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Robinson v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1892
3Cited by2 opinions
- Dresslar v. Citizens' Street RailroadIndiana Court of Appeals · 1897
- Stratton v. Posse Normal School of GymnasticsMassachusetts Supreme Judicial Court · 1928