328 Mass. 13 | Mass. | 1951
The sole question here is whether the evidence would warrant a finding of negligence on the part of the defendant. The declaration contains two counts. In one the female plaintiff seeks to recover damages for personal injuries; in the other her husband seeks consequential damages. The jury returned a verdict for the plaintiff on each count. The defendant’s exception to the denial of its motion for a directed verdict on each count brings the case here. For convenience the female plaintiff will hereinafter be called the plaintiff.
There was evidence that the plaintiff boarded the defendant’s motor bus at the Public Market in Springfield; that the bus was crowded and she stood near the front with her
It is settled by a long line of decisions that a passenger of a street car or motor bus seeking to recover damages for personal injury resulting from sudden jolts or jerks arising from the operation of the vehicle must prove that the movement of the vehicle was so far in excess of that ordinarily to be expected in normal operation as to lay a foundation for a reasonable inference of negligence.
We are of opinion that the present case ought not to have been submitted to the jury. We assume, as the plaintiff argues, that the fact that the accident occurred at a regular bus stop negatives the possibility that it was due to a traffic emergency and we put that out of the case. See Warren v. Boston Elevated Railway, 259 Mass. 226. Compare Cuddyer
Exceptions sustained.
Judgment for the defendant.
By reason of the plaintiff’s death prior to the trial her administrator was substituted as a party plaintiff.
Some of the eases are McGann v. Boston Elevated Railway, 199 Mass. 446, Work v. Boston Elevated Railway, 207 Mass. 447, 448, Anderson v. Boston Elevated Railway, 220 Mass. 28, Walsh v. Boston Elevated Railway, 256 Mass. 17, Chandler v. Boston Elevated Railway, 261 Mass. 230, Desautels v. Massachusetts Northeastern Street Railway, 276 Mass. 381, Phinney v. Eastern Massachusetts Street Railway,. 285 Mass. 207, Johnson v. Berkshire Street Railway, 292 Mass.-311, Bray v. Boston Elevated Railway, 3Ó3 Mass. 379, and Carson v. Boston Elevated Railway, 309 Mass. 32, 35-37.