Brown v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for injuries caused by the plaintiff falling by reason of the alleged negligence of the defendant in starting its train while the plaintiff was alighting therefrom at North Abington.
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Tort for injuries caused by the plaintiff falling by reason of the alleged negligence of the defendant in starting its train while the plaintiff was alighting therefrom at North Abington. Writ dated August 24, 1899. At the trial in the Superior Court before Hopkins, J., the plaintiff testified that he was sixty-three years of age, and had lived in North Abington since 1865; that his business since 1892 had been that of a real estate broker with an office in Boston; that during the last thirty-five years he had travelled back and forth almost daily on the defendant’s railroad; that on August…
1Opinion of the CourtKnowlton, J.
The plaintiff on August 10, 1899, took the defendant’s train from Boston to North Abington, where he arrived at forty-five minutes after five o’clock in the afternoon. He started to alight from the train, and on reaching the door of the car discovered that he had left his umbrella in his seat and went back for it. He found that it had been taken out by his friend at the other end of the car, and, returning to the door from which he had gone back, he stepped out upon the platform of the car and.got off after the train had started. He fell and was injured, and now seeks to recover compensation…
2Cases cited3 opinions
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Brooks v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1883
- Merritt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Dokus v. PalmerSupreme Court of Connecticut · 1943
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Court of Appeals · 1904
- LaPointe v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
- Friend v. Boston & Maine RailroadMassachusetts District Court, Appellate Division · 1948