Maguire v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Tort for an injury sustained by the plaintiff while a passenger in one of the defendant’s horse-cars, by being thrown from it by the alleged carelessness of the driver.
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Tort for an injury sustained by the plaintiff while a passenger in one of the defendant’s horse-cars, by being thrown from it by the alleged carelessness of the driver. At the trial in the Superior Court, before Devens, J., the plaintiff testified that in May, 1871, he was a passenger on one of the defendant’s horse-cars, which had no conductor, and was driven by a man usually employed as a watchman, but who also was employed by the defendant once or twice in the evening to drive. The plaintiff also stated that when he entered the car he observed the seats within were full, and took his place…
1Opinion of the CourtAmes, J.
The only error that occurred in the trial in the court below was in the admission of the testimony that the driver had been seen on several previous occasions to stop the car suddenly. The plaintiff’s complaint was that in consequence of a sudden stop he was thrown from the platform, and injured by being run over. The question for the jury, supposing he had satisfied them that he was in the exercise of due care, was as to the exercise of the like degree of care on the part of the defendant at the time of the accident. The fact that the same driver had at some other times been guilty of…
2Cited by59 opinions
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Brownhill v. KivlinMassachusetts Supreme Judicial Court · 1944
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