239 Mass. 226 | Mass. | 1921
The first action is brought to recover for personal injuries received by a child, who at the time of the accident was four and one half years old. She will hereafter be referred to as the plaintiff. The second action is brought by the father of the child to recover for medical expenses incurred by reason of her injuries.
It is well settled that it is the duty of a street railway company to protect its passengers from injuries resulting from the misconduct of other passengers, so far as in the circumstances reasonably might be anticipated and guarded against. Kuhlen v. Boston & Northern Street Railway, 193 Mass. 341. Glennen v. Boston Elevated Railway, 207 Mass. 497. Danovitz v. Blue Hill Street Railway, 218 Mass. 42. Bryant v. Boston Elevated Railway, 232 Mass. 549. If we assume without deciding that the plaintiff was a passenger, there was no evidence of negligence of the defendant. While there was evidence that at the time of the accident there was a large number of persons present who pressed forward for the purpose of boarding the car, and the plaintiff was pushed to the ground, it also appears that the place where the crowd had congregated and the plaintiff was injured was on a public street, over which, or the persons on it, the defendant had no control or authority; consequently it was not negligent in failing to restrain the crowd and to prevent it from pushing the child under the side of the car, while she was standing on the highway.
The cases relied on by the plaintiff where passengers have been injured on account of the disorderly and violent conduct of other passengers on cars, station platforms, or in subways of a street
As the evidence did not warrant a finding that the plaintiff’s injuries were due to the negligence of the defendant, the entry in each case must be
Exceptions overruled.