Beal v. Lowell & Dracut Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being thrown off a car propelled by electricity, belonging to and operated by the defendant, by reason of a worn and defective switch in the defendant’s track.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff by being thrown off a car propelled by electricity, belonging to and operated by the defendant, by reason of a worn and defective switch in the defendant’s track. At the trial in the Superior Court, before Aldrich, J., the plaintiff testified that he was riding as a passenger, standing on the right-hand side of the front platform smoking and talking with another passenger; that while he did not know or seek to learn while on the car whether there were vacant seats inside the car in which he could have sat down had he chosen to do so, he…
1Opinion of the CourtAllen, J.
The only exception taken was “ to the charge as above given, relating to the law of the due care required of a passenger on electric street cars.” The case was not withdrawn from the jury, but was submitted to them to determine all the questions of fact, including that of the plaintiff’s due care. No special request for instructions was made. No particular was pointed out in respect to which the charge was objected to, except as above.
The presiding judge expressly told the jury that he was not going to decide the question whether the plaintiff was careless or not, but that he should leave it…
2Cases cited1 opinion
- Corlin v. West End Street RailwayMassachusetts Supreme Judicial Court · 1891
3Cited by14 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Allen v. KiddMassachusetts Supreme Judicial Court · 1908
- Sweetland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- McCumber v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
9 more not listed; retrieve them via the Exa API.