Rine v. Eastern Massachusetts Street Railway Co.
Rine v. Eastern Massachusetts Street Railway Co.
Opinion of the Court
The plaintiff and thirty to thirty-five other persons became passengers upon a bus of the defendant at its terminal in Boston for the purpose of being transported to Lynn. The plaintiff sat on the inside of a cross seat. One Berg occupied the outside of the seat. Soon after the bus started, Berg, who had been drinking, became sleepy and rested his head upon the plaintiff’s shoulder. Although the plaintiff protested, Berg repeated the act and addressed profane and insulting language to the plaintiff. While the plaintiff was leaving the seat to go forward in the. bus to inform the operator of what had happened, Berg struck him. The plaintiff told the operator that Berg had struck him, and requested the operator to stop Berg from insulting him. He was advised by the operator not to create any disturbance and was directed to a seat in the forward part of the bu$t which he thereafter occupied until he left the vehicle. According to the operator, he had heard an argument between Berg and the plaintiff and had noticed them in the mirror which hung in front of him. He stopped the bus half way between Boston and Lynn, went to where they were seated, and had the plaintiff go to a forward seat. But after the plaintiff had changed his seat, whenever it was, Berg continued his insulting remarks and stated that he would get off at the same stop as the plaintiff and “I will get you then.” As the plaintiff was preparing to leave the bus, Berg ran to the forward part of the bus and struck the plaintiff, who became dizzy, fell out of the bus and landed in the gutter. The operator heard and saw the actions of Berg. We have mentioned the material facts which the jury could find from the evidence. The single exception of the defendant is to the denial of its motion for a directed verdict. The jury returned a verdict for the plaintiff.
The governing principles of law defining the duty of the
Exceptions overruled.
Reference
- Full Case Name
- Victor Rine v. Eastern Massachusetts Street Railway Company
- Cited By
- 1 case
- Status
- Published