299 Mass. 246 (1938), Freedman v. Eastern Massachusetts St. Ry. Co.

Citation299 Mass. 246, 12 N.E.2d 739
Party NameSADIE FREEDMAN v. EASTERN MASSACHUSETTS STREET RAILWAY COMPANY.
Case DateJanuary 31, 1938
CourtSupreme Judicial Court of Massachusetts

Page 246

299 Mass. 246 (1938)

12 N.E.2d 739

SADIE FREEDMAN

v.

EASTERN MASSACHUSETTS STREET RAILWAY COMPANY.

Supreme Judicial Court of Massachusetts, Bristol.

January 31, 1938

October 25, 1937.

Present: FIELD, DONAHUE, LUMMUS, QUA, & DOLAN, JJ.

Negligence, Street railway, Motor vehicle, In use of way. Actionable Tort. Proximate Cause.

Evidence that a street railway car came in contact with a parked motor truck and that, while both operators by joint efforts were trying to extricate the vehicles so that one of them could proceed, the truck

Page 247

struck the side of the car and broke a window warranted findings of negligence of both operators toward a passenger in the car injured thereby.

Evidence that a passenger on a street car strained a muscle in arising suddenly from his seat to escape danger apparently impending from the breaking of a window beside him warranted a finding of liability to the passenger on the part of those whose negligence caused the breaking of the window.

TWO ACTIONS OF TORT. Writs in the Second District Court of Bristol dated March 1, 1935.

On removal to the Superior Court the actions were tried together before Walsh, J., who ordered verdicts for the defendants. The plaintiff alleged exceptions.

M. Entin, for the plaintiff, submitted a brief. A. E. Seagrave, for the defendant Eastern Massachusetts Street Railway Company.

H. S. R.

Buffinton & R. C. Westgate, for the defendant Fall River Gas Works Company, submitted a brief.

DOLAN, J. These are two actions of tort brought by the plaintiff for personal injuries alleged to have been sustained as a result of a collision of a street car of the defendant street railway company with a motor truck owned by the defendant gas works company. The cases were tried together to a jury. The trial judge directed a verdict for the defendant in each case.

In its aspect most favorable to the plaintiff the evidence may be summarized as follows: On October 22, 1934, the plaintiff was a passenger in the car of the defendant street railway company which was operated by an employee. The car was going north on North Main Street in the city of Fall River. The truck of the defendant gas works company was parked on the right side of the car "beside the curbing." The operator of the car, as he approached, saw the truck "pretty close to the curbing." The car stopped in contact with...

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15 practice notes
  • 21 A.2d 402 (Conn. 1941), Orlo v. Connecticut Co.
    • United States
    • Connecticut Supreme Court of Connecticut
    • July 22, 1941
    ...from her seat and twisted her shoulder, although there was no external mark of injury. Freedman v. Eastern Massachusetts Street Ry. Co., 299 Mass. 246, 12 N.E.2d 739. To make the right to recover damages for serious injuries dependent upon such slight circumstances is a result which it woul......
  • 341 Mass. 216 (1960), Sullivan v. H. P. Hood & Sons, Inc.
    • United States
    • Massachusetts Supreme Judicial Court of Massachusetts
    • June 23, 1960
    ...as when the impact is brought about without the intervention of the plaintiff's consciousness.' In Freedman v. Eastern Mass. St. Ry., 299 Mass. 246, 12 N.E.2d 739, recovery Page 222 was permitted by a passenger who suddenly twisted her shoulder when she jumped from her seat to escape impend......
  • 269 A.2d 117 (Me. 1970), Wallace v. Coca-Cola Bottling Plants, Inc.
    • United States
    • Maine Supreme Judicial Court of Maine
    • September 17, 1970
    ...been subjected to considerable refinements. Homans v. Boston Elev. Ry., 180 Mass. 456, 62 N.E. 737; Freedman v. Eastern Mass. St. Ry., 299 Mass. 246, 12 N.E.2d 739, and other cases were cited as examples of the refinements to which he referred. Freedman v. Eastern Mass. St. Ry., supra, is o......
  • 244 F.Supp. 314 (D.Colo. 1965), Civ. A. 9084, Hopper v. United States
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Colorado
    • July 30, 1965
    ...A.L.R.2d 95 (Wis.1957). [2] Christy Bros. Circus v. Turnage, 38 Ga.App. 581, 144 S.E. 680 (1928); Freedman v. Eastern Mass. St. R. Co., 299 Mass. 246, 12 N.E.2d 739 (1938); Morton v. Stack, 122 Ohio St. 115, 170 N.E. 869 (1930); Porter v. Delaware, L. & W.R. Co., 73 N.J.L. 405, 63 A. 86......
  • Request a trial to view additional results
15 cases
  • 21 A.2d 402 (Conn. 1941), Orlo v. Connecticut Co.
    • United States
    • Connecticut Supreme Court of Connecticut
    • July 22, 1941
    ...from her seat and twisted her shoulder, although there was no external mark of injury. Freedman v. Eastern Massachusetts Street Ry. Co., 299 Mass. 246, 12 N.E.2d 739. To make the right to recover damages for serious injuries dependent upon such slight circumstances is a result which it woul......
  • 341 Mass. 216 (1960), Sullivan v. H. P. Hood & Sons, Inc.
    • United States
    • Massachusetts Supreme Judicial Court of Massachusetts
    • June 23, 1960
    ...as when the impact is brought about without the intervention of the plaintiff's consciousness.' In Freedman v. Eastern Mass. St. Ry., 299 Mass. 246, 12 N.E.2d 739, recovery Page 222 was permitted by a passenger who suddenly twisted her shoulder when she jumped from her seat to escape impend......
  • 269 A.2d 117 (Me. 1970), Wallace v. Coca-Cola Bottling Plants, Inc.
    • United States
    • Maine Supreme Judicial Court of Maine
    • September 17, 1970
    ...been subjected to considerable refinements. Homans v. Boston Elev. Ry., 180 Mass. 456, 62 N.E. 737; Freedman v. Eastern Mass. St. Ry., 299 Mass. 246, 12 N.E.2d 739, and other cases were cited as examples of the refinements to which he referred. Freedman v. Eastern Mass. St. Ry., supra, is o......
  • 244 F.Supp. 314 (D.Colo. 1965), Civ. A. 9084, Hopper v. United States
    • United States
    • Federal Cases United States District Courts 10th Circuit District of Colorado
    • July 30, 1965
    ...A.L.R.2d 95 (Wis.1957). [2] Christy Bros. Circus v. Turnage, 38 Ga.App. 581, 144 S.E. 680 (1928); Freedman v. Eastern Mass. St. R. Co., 299 Mass. 246, 12 N.E.2d 739 (1938); Morton v. Stack, 122 Ohio St. 115, 170 N.E. 869 (1930); Porter v. Delaware, L. & W.R. Co., 73 N.J.L. 405, 63 A. 86......
  • Request a trial to view additional results