Brooks v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, before Mason, J., who ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The plaintiff was a passenger on the defendant’s train. The train reached Melrose, the plaintiff’s destination, the conductor called the name of the station, the train stopped, and several passengers got out at once without unusual delay, among them the plaintiff, who followed close after the person ahead of her. When she got off, the train had started and was moving, by reason of which she fell and hurt her spine. The only question is whether the case was properly taken from the jury, on the ground that the plaintiff was negligent. There was evidence tending to show that the train started…
2Cases cited2 opinions
- Harvey v. Eastern Railroad Co.Massachusetts Supreme Judicial Court · 1874
- Brassell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
3Cited by12 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Vine v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Merritt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1894
- Brown v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
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