Legal Opinion

Barstow v. Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided February 23, 1887PublishedCited by 31 opinions

Tort, by tbe administrator of tbe estate of Frederick Bar-stow, to recover, for tbe benefit of tbe next of bin, for tbe death of said Barstow, wbieb occurred on May 14, 1885. Trial in tbe Superior Court, before Thompson, J., wbo, at tbe defendant’s request, ruled that tbe action could not be maintained; directed a verdict for tbe defendant; and reported tbe case for tbe determination of this court.

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Tort, by tbe administrator of tbe estate of Frederick Bar-stow, to recover, for tbe benefit of tbe next of bin, for tbe death of said Barstow, wbieb occurred on May 14, 1885. Trial in tbe Superior Court, before Thompson, J., wbo, at tbe defendant’s request, ruled that tbe action could not be maintained; directed a verdict for tbe defendant; and reported tbe case for tbe determination of this court. If tbe ruling was wrong, tbe verdict was to be set aside; otherwise, judgment to be entered thereon. Tbe facts appear in tbe opinion.

1Opinion of the CourtGardner, J.

Six months before tbe injury was sustained by the plaintiff’s intestate, he applied to tbe station agent of tbe defendant, at the Dean Street station in Taunton, for tbe purpose of “learning telegraphy.” The agent gave him permission to come to tbe station for that purpose, and from that time to tbe *536date of the injury the deceased remained at the station more or less. On the day of the fatal injury, the station master received a message from Boston, asking how long before Tilton, the conductor of the coal train, would be ready to leave. While the agent was reading the message, and giving his…

2Cases cited5 opinions

  1. Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
  2. Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
  3. Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
  4. Burns v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1869
  5. Ince v. East Boston Ferry Co.Massachusetts Supreme Judicial Court · 1870

3Cited by31 opinions

  1. Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
  2. Ryan v. TowarMichigan Supreme Court · 1901
  3. Weisser v. Southern Pacific Ry. Co.California Supreme Court · 1906
  4. Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
  5. Aga v. HarbachSupreme Court of Iowa · 1905

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