Cutts v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff and alleged to have been caused by his being thrown because of negligence of the defendant from the front platform of a closed surface electric car, upon which he was a passenger, as it turned upon the curve of the southerly loop at Dudley Street Elevated Station in Boston after it had come up the incline from the street.
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Tort for personal injuries received by the plaintiff and alleged to have been caused by his being thrown because of negligence of the defendant from the front platform of a closed surface electric car, upon which he was a passenger, as it turned upon the curve of the southerly loop at Dudley Street Elevated Station in Boston after it had come up the incline from the street. Writ dated July 29, 1903. The case was tried before Aiken, C. J. At the close of the evidence, he ordered a verdict for the defendant; and the plaintiff alleged exceptions. The case was argued at the bar in January, 1909,…
1Opinion of the CourtLoring, J.
On the morning of November 19, 1902, the plaintiff took a surface car of the defendant railway, which ran around the Dudley Street loop. His intention was to take an elevated train from Dudley Street to Scollay Square. He was a blacksmith by trade and the proprietor of a shop on Hawkins *452Street, was thirty-nine years of age and familiar with the defendant’s station at Dudley Street. He was on his way to his day’s work and had a “ bundle of lunch ” in his hand.
To reach the level of the elevated trains the surface cars ascend at a four and a half per cent grade for two hundred feet, to a point…
2Cases cited16 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Fleck v. Union Railway Co.Massachusetts Supreme Judicial Court · 1883
- Hunt v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
- Work v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Smith v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1911
- Anderson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
12 more not listed; retrieve them via the Exa API.