O'Day v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first by a married woman for personal injuries sustained on February 23, 1909, in the manner described in the opinion, and the second by her husband for consequential damages. Writs dated April 15, 1909. In the Superior Court the cases were tried together before Dana, J., who at the close of the plaintiffs' evidence, which is described in the opinion, ruled that the plaintiffs were not entitled to recover and ordered verdicts for the defendant.
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Two actions of tort, the first by a married woman for personal injuries sustained on February 23, 1909, in the manner described in the opinion, and the second by her husband for consequential damages. Writs dated April 15, 1909. In the Superior Court the cases were tried together before Dana, J., who at the close of the plaintiffs' evidence, which is described in the opinion, ruled that the plaintiffs were not entitled to recover and ordered verdicts for the defendant. The plaintiffs alleged exceptions.
1Opinion of the CourtLoring, J.
The jury were authorized in finding that the plaintiff in the first case, when a passenger on a car in an elevated train ■of the defendant, was carried off her feet by a rush of passengers attempting to alight from the car; that she fell between the step •of the car and the platform; that one of her legs went down under her whole weight between the step and the platform and she was thereby pinned in; and that at the time she was carried off her feet she was standing up, holding on to a grab iron near the rear door of the car, not intending to alight at the station in question.
*517It appeared that…
2Cases cited1 opinion
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
3Cited by3 opinions
- Knowles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- Boyd v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1928
- Leavitt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916