Sullivan v. Old Colony Street Railway
Massachusetts Supreme Judicial Court
Tort. The first count in the declaration alleged that while the plaintiff was a passenger on an electric car of the defendant marked “ Newport,” the car was derailed at Tiverton owing to the defendant’s negligence “ whereby the plaintiff was jolted and in many ways injured externally and internally.”
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Tort. The first count in the declaration alleged that while the plaintiff was a passenger on an electric car of the defendant marked “ Newport,” the car was derailed at Tiverton owing to the defendant’s negligence “ whereby the plaintiff was jolted and in many ways injured externally and internally.” The second count alleged that the plaintiff, intending to go to Newport, took at Fall River a car of the defendant’s marked “ Newport” at 9.50 p. m. on August 3,1905; that, through the defendant’s negligence, the car was derailed at Tiverton, where the plaintiff “ was obliged to wait three hours…
1Opinion of the CourtSheldon, J.
No question was made at the trial but that the defendant was liable for any injury done to the plaintiff by reason of its car having left the track. Biit if no injury was caused by this to the plaintiff, if he suffered no damage whatever from the defendant’s negligence, then he would not be entitled *308to recover. Although there has been negligence in the performance of a legal duty, yet it is only those who have suffered damage therefrom that may maintain an action therefor. Heaven v. Pender, 11 Q. B. D. 503, 507. Farrell v. Waterbury Horse Railroad, 60 Conn. 239, 246. Salmon v. Delaware,…
2Cases cited6 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. McNeeseMassachusetts Supreme Judicial Court · 1892
- Hooten v. BarnardMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. McInerneyMassachusetts Supreme Judicial Court · 1977
- Attleboro Mfg. Co. v. Frankfort Marine, Accident & Plate Glass Ins.Court of Appeals for the First Circuit · 1917
- Cannon v. Sears, Roebuck & Co.Massachusetts Supreme Judicial Court · 1978
36 more not listed; retrieve them via the Exa API.