O'Connor v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: About three hundred feet south of the Merrimac River, in the city of Lawrence, is the south canal of the Essex Company, about sixty feet wide, and immediately south of this canal is a private way about seventy feet wide, belonging to the same company, and known by the name of Merrimac Street.
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Tort for personal injuries. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: About three hundred feet south of the Merrimac River, in the city of Lawrence, is the south canal of the Essex Company, about sixty feet wide, and immediately south of this canal is a private way about seventy feet wide, belonging to the same company, and known by the name of Merrimac Street. This way is considerably used by the public for travel, and connects two streets of the city. A branch of the defendant’s railroad crosses the Merrimac River, and then on…
1Opinion of the CourtW. Allen, J.
1. The court properly declined to rule that the existence of the sign was conclusive that the plaintiff had no license to use the way and crossing; and the instructions to the jury upon this subject were correct.
2. The sixth prayer for instructions, if it referred only to the conduct of the engineer, was given.' So far as it was intended to ask for a ruling that there was no evidence of negligence except that of the engineer, it was properly refused.
3. We see no error in the instructions of the court as to what would constitute reasonable care in the one party or the other. The court properly…
2Cases cited13 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Hanks v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
13 more not listed; retrieve them via the Exa API.