Parker v. Middlesex and Boston Street Railway Co.

Decision Date11 January 1921
Citation237 Mass. 291
PartiesELEANOR M. PARKER v. MIDDLESEX AND BOSTON STREET RAILWAY COMPANY.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

December 2, 1920.

Present: RUGG, C.

J., BRALEY, DE COURCY, CROSBY, & CARROLL, JJ.

Negligence, Street railway. Snow and Ice.

At the trial of an action against a street railway company by a woman passenger for personal injuries caused by her falling upon ice and snow upon the left front step of a car of the defendant upon which she was a passenger and from which she was alighting at a terminus of the railway on a morning in December, 1914, there was evidence tending to show that on the morning of the accident there had been a mixture of sleet and rain falling that when the car reached the terminus the left hand front door was open, that the car was fairly well filled and that many of the passengers in the presence of the motorman departed by that door, which was near the sidewalk, that the step was covered with ice from a quarter to half an inch thick and very solid, higher in the centre and rounded toward the front, that the plaintiff, on account of the presence of people in front of her, did not know of the ice on the step before she started to go out and that the motorman had sanded the right hand front step but not the left hand step where the plaintiff fell. The defendant contended that the left hand door was not intended for use as an exit at that time. The motorman testified that he did not know who opened the left hand front door. There were two pails of sand on the front platform.

Held, that (1) There was evidence warranting a finding that the defendant had not taken the care for the plaintiff's safety required of a common carrier of passengers;

(2) A finding that the plaintiff was in the exercise of due care was warranted.

TORT for personal injuries caused by the plaintiff slipping on an icy step as she was leaving a street car of the defendant on December 8 1914. Writ dated July 3, 1915.

The action was tried in the Superior Court before Aiken, C.J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $4,585; and, at the request of the defendant, the Chief Justice reported the case for determination by this court, judgment to be entered for the defendant if the trial of the defendant's motion was wrong; otherwise, judgment to be entered on the verdict.

C. S. Walkup, Jr. for the defendant.

F.

J. Daggett, (J.

T. Cassidy with him,) for the plaintiff.

CARROLL, J. The plaintiff recovered damages for personal injuries sustained by slipping upon ice and snow on the step of an electric car while alighting therefrom. She was injured on December 8 1914, about eight o'clock in the morning. The car left the barn about seven o'clock in the morning and went to Newton Corner. It then proceeded to Waltham where the plaintiff became a passenger, and at Waverley, at the end of the route, she was injured. It rained during the night of December 7. On the morning of December 8 "there was a mixture of sleet and rain . . . turning into light...

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8 cases
  • Klein v. Boston Elevated Ry. Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 5, 1936
    ...R. Co., 182 Mass. 378, 65 N.E. 795;Kingston v. Boston Elevated Street R. Co., 207 Mass. 457, 93 N.E. 573;Parker v. Middlesex & Boston Street R. Co., 237 Mass. 291, 129 N.E. 353. It could not rightly have been ruled as matter of law that the defendant had sustained the burden of proving cont......
  • Bagnell v. Boston Elevated Ry. Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 8, 1924
    ...v. Boston & Maine R. R., 168 Mass. 454, 47 N. E. 193;Foster v. Old Colony St. Ry., 182 Mass. 378, 65 N. E. 795;Parker v. Middlesex & Boston St. Ry., 237 Mass. 291, 129 N. E. 353. In Labrie v. Donham, 243 Mass. 584, 138 N. E. 3, there was nothing to show that, if any ice were on the step, ho......
  • Labrie v. Donham
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 23, 1923
    ...to prevent the open steps of this car from being slippery when the plaintiff alighted from it. In Parker v. Middlesex & Boston Street Railway, 237 Mass. 291, 129 N. E. 353, the plaintiff was injured by slipping upon ice on the step on the left-hand side of an electric car on the morning of ......
  • Bagnell v. Boston Elevated Railway Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 3, 1924
    ... ... BAGNELL v. BOSTON ELEVATED RAILWAY COMPANY. Supreme Judicial Court of Massachusetts, Middlesex".January 3, 1924 ...        November 15, 1923 ...        Present: RUGG, C ...  \xC2"      J. CROSBY, PIERCE, ... & CARROLL, JJ ...        Negligence, Street ... railway: ice on car step; Contributory. Snow and Ice ... Evidence, Presumptions and burden ... 454 ... Foster v. Old Colony Street Railway, 182 Mass ... 378 ... Parker v. Middlesex Boston Street Railway, 237 ... Mass. 291 ...        In Labrie v ... ...
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