Kisiel v. Holyoke Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while a passenger on a street car of the defendant when it collided with another street car. Writ dated April 1, 1919. In the Superior Court, the action was tried before Raymond, J. Material evidence, requests of the defendant for rulings and portions of the charge to the jury are described in the opinion.
Read the full summary
Tort for personal injuries alleged to have been received by the plaintiff while a passenger on a street car of the defendant when it collided with another street car. Writ dated April 1, 1919. In the Superior Court, the action was tried before Raymond, J. Material evidence, requests of the defendant for rulings and portions of the charge to the jury are described in the opinion. Besides making its requests for rulings, the. defendant at the close of the evidence moved that a verdict be ordered in its favor. The motion was denied. There was a verdict for the plaintiff in the sum of .1500; and…
1Opinion of the CourtJenney, J.
The plaintiff seeks to recover damages for an injury claimed to have been received by her by reason of a rear-end collision between cars of the defendant. No question arises of the due care of the plaintiff or negligence for which the defendant is liable. The main contention is whether the plaintiff’s injury was caused wholly by fright and nervous shock or from force applied directly to her in such a degree as to entitle her to recover the damages caused as the direct result of the collision, and also those resulting from nervous shock and mental disturbance.
In this Commonwealth it is settled…
2Cases cited13 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Hunnewell's CaseMassachusetts Supreme Judicial Court · 1915
- Homans v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Block v. PascucciSupreme Court of Connecticut · 1930
- Freedman v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1938
- Clemm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1928
- Israel v. UlrichSupreme Court of Connecticut · 1932
- Ahern v. WinnegMassachusetts District Court, Appellate Division · 1943
2 more not listed; retrieve them via the Exa API.