195 Mass. 111 | Mass. | 1907
The only question raised by this report is whether there was sufficient evidence of the negligence of the defendant to warrant a submission to the jury. The case is a close one, but in view of all the circumstances it cannot be said that there was not. A passenger seated in a railroad train has a right to expect transportation without bodily injury. To put the proposition conversely, it is the duty of a common carrier of passengers to carry those whom it accepts for carriage so that they shall not suffer physical harm, unless, in the exercise of the highest degree of care and skill consistent with the transaction of its business, this becomes impossible by reason of unforeseen conditions. When the plaintiff entered into the contract with the defendant to carry her from New York to Boston, and took her place in the seat provided, she was entitled to safe carriage under ordinary conditions. While the train was running at an “ extra rate of speed ” it came to a sudden stop within the space of a few feet, and the plaintiff was thrown forward from her seat, and injured her knee against the chair in front. There is some evidence that she was insensible for a brief time. As soon as she observed anything, the' passengers were gathered
Verdict for the defendant set aside, and judgment entered, for the plaintiff for $4,000.