Saunders v. Boston Elevated Ry. Co.
| Decision Date | 09 January 1914 |
| Citation | 103 N.E. 779,216 Mass. 355 |
| Parties | SAUNDERS v. BOSTON ELEVATED RY. CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Wm.
H. Shea, of Boston, for plaintiff.
Frederick M. Ives, of Boston, for defendant.
DE COURCY, J.
The plaintiff was a robust, healthy unmarried woman, and 37 years old at the time of the accident. She had her left foot on the floor of the body of the car, resting her weight on it, and was in the act of raising her right foot from the vestibule floor when the conductor gave the starting signal. That it was not negligence on his part to start the car when he did is settled by the similar case of Sauvan v. Citizens' Electric St. Ry., 197 Mass. 177, 83 N.E. 405. And see Boston Elev. Ry. v. Smith, 168 F. 628, 94 C. C. A. 84, 23 L. R. A. (N. S.) 890. Clearly the fact that he placed his hand on her back and so prevented her from going backward was no assurance that he would protect her from any and every injury.
And there is no evidence that the motorman started the car negligently. The plaintiff's right shoulder and elbow struck the woodwork of the door; but no other passenter was disturbed, although some were standing. The record discloses nothing more than the movement usually incident to the starting of an electric car. Work v. Boston Elev. Ry., 207 Mass. 447, 93 N.E. 693.
Exceptions overruled.
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