Brasslavsky v. Boston Elevated Ry. Co.
Decision Date | 09 December 1924 |
Citation | 145 N.E. 529,250 Mass. 403 |
Parties | BRASSLAVSKY v. BOSTON ELEVATED RY. CO. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Report from Superior Court, Suffolk County; Louis S. Cox, Judge.
Action of tort by Samuel Brasslavsky against the Boston Elevated Railway Company to recover for personal injury from alleged blowing out of fuse on defendant's car. Verdict for plaintiff. Submitted on report. Affirmed.
Ammidon, Bicknell & Ryan, of Boston, for plaintiff.
Leland Powers, of Boston, for defendant.
This is an action to recover compensation for personal injuries sustained by a passenger on one of the defendant's cars. The declaration alleged that while the plaintiff was such passenger ‘a fuse blew out, on account of the negligence of the defendant, its servants or agents' in failing to exercise such inspection of the car as would have revealed the defective condition of the fuse.
There was evidence tending to show that there was ‘a shot like a cannon,’ a loud noise and a fire, and that the light in the car went out. Several witnesses testified in various forms of words to the noise and fire and smoke in the car. The plaintiff called as a witness a foreman of the defendant in charge of inspection of electrical equipment who testified that there was nothing about the car in question to show that a fuse blew out. His evidence tended in other respects to show that no fuse blew out. The judge directed a verdict for the defendant.
It must be held on this record that there was no evidence of the blowing out of a fuse. That was the sole allegation in the plaintiff's declaration concerning negligence of the defendant. It was said in Granara v. Jacobs, 212 Mass. 271, 275, 98 N. E. 1029, 1030:
That principle is precisely applicable to the case at bar. Cotter, Petitioner, 237 Mass. 68, 72, 129 N. E. 426;Park & Pollard Co. v. Agricultural Ins. Co., 238 Mass. 187, 195, 130 N. E. 208. It is not necessary to consider whether there was evidence of other negligence on the part of the defendant for...
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...must be sustained because it was correct on the state of the pleadings and on the issues raised thereby. Brasslavsky v. Boston Elevated R. Co., 250 Mass. 403, 145 N. E. 529, and cases collected; R. J. Todd Co. v. Bradstreet Co., 253 Mass. 138, 143, 148 N. E. 369. It becomes unnecessary to c......
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...the pleadings in mind, so that the correctness of his action may be supported by the showing of a variance. Brasslavsky v. Boston Elev. Ry. Co., 250 Mass. 403, 404, 145 N.E. 529. Glynn v. Blomerth, 312 Mass. 299, 302, 44 N.E.2d 784. Zarski v. Creamer, 317 Mass. 744, 747, 59 N.E.2d 704. Sand......
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