McKimble v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Jeremiah Mc-Kimble, for causing his death, while a passenger upon the road of the defendant corporation.
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Tort, by the administratrix of the estate of Jeremiah Mc-Kimble, for causing his death, while a passenger upon the road of the defendant corporation. After the former decision, reported 139 Mass. 542, the case was tried in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: Jeremiah McKimble took passage on a train of the defendant corporation, leaving Boston at five o’clock in the afternoon of January 10, 1883. He had in his possession a five-trip commutation ticket over the defendant’s road from Boston to Malden, which was marked, “ Not good to…
1Opinion of the CourtDeters, J.
The defendant contends that the plaintiff’s intestate forfeited his rights as a passenger by voluntarily leaving the train at Prison Point, without regard to the manner in which he left it; that is, assuming that the conduct of the plaintiff’s intestate was in all other respects proper, the fact that he left the train there deprived him of his rights as a passenger. But Prison Point was not merely a place where the defendant was obliged by law to stop its trains, but by the eastern side of the track were a building and platform adapted for the use of passengers, and used by them to enter the…
2Cases cited1 opinion
- McKimble v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
- Dolphin v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Parker v. Middlesex & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1921
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