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• Title: Hallinan v. Worcester Consol. St. Ry. Co.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 03, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

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SANDERSON, J. These are three actions of tort in which the plaintiffs seek to recover damages for injuries received while riding as passengers on a car of the defendant. The jury returned verdicts for the plaintiffs and thereafter, subject to exception of the plaintiffs, the trial Judge directed that verdicts be entered for the defendant in accordance with leave reserved under G. L. c. 231, § 120. The testimony tended to prove that the three plaintiffs boarded the car at the same stopping place, entering through the front vestibule, the floor of which was one step down from the level of the car floor. It was a oneman car having an aisle through the center with a seat on each side near the front running parallel with the car, and beyond that cross seats on each side of the aisle, and it had a coin box for fares near the motorman. Mrs. Keane paid the fares, after the motorman made change for her, while the others were in the vestibule or starting to go into the car. When Mrs. Keane was about to enter the car it started with a jerk. Austin Keane, a three-year old boy, the son of Mrs. Keane, held the plaintiff Hallinan by the hand as they entered. When the jerk came his hand was taken from hers and he was thrown against a cross seat on which he was about to sit and hit a seat running lengthwise, causing injury to his month. Miss Hallinan was thrown about three feet against a seat injuring her arm and tearing her dress. Mrs. Keane testified that the car started so fast that 'it took us from our feet and threw us flat in the car.' She was thrown about five or six feet into the car and was stretched full length upon the floor, striking upon her side, head, back and thigh and tearing her clothing. She had a black and blue spot on her temple 'about four inches long,' and a bruise on her right shoulder extending to her wrist so that the arm was mostly black and blue. There was a similar discoloration about three inches wide on her leg extending to the ankle. No witness was called by the defendant to deny that the car started in the manner described by the plaintiff, or to explain why it so started. See Nolan v. Newton Street Railway, 206 Mass. 384, 92 N.E. 505. None of the plaintiffs had hold of a strap, bar or seat at the time. The fact that one of the three passengers who had boarded the car was a child three years of age was known or should have been known to the motorman. See Hamilton v. Boston & Northern Street Railway, 193 Mass. 324, 326, 79 N.E. 734; Glennen v. Boston Elevated Railway, 207 Mass. 497, 500, 93 N.E. 700, 32 L. R. A. (N. S.) 470. The motorman was not negligent in starting the car when he did. Benoit v. Boston & Northern Street Railway, 216 Mass. 320, 103 N.E. 830; Flanagan v. Boston Elevated Railway, 216 Mass. 337, 103 N.E. 905; Martin v. Boston Elevated Railway, 216 Mass. 361, 103 N.E. 828; Seidenberg v. Eastern Massachusetts Street Railway (Mass.) 165 N.E. 658.

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