Legal Opinion

Hamilton v. Boston, Revere Beach & Lynn Railroad

Massachusetts Supreme Judicial Court

Decided March 1, 1922PublishedCited by 4 opinions

Tort, by the administrator of the estate of Elizabeth J. Gilkie, for causing conscious suffering and the death of the plaintiff’s intestate in the evening of November" 21, 1917. Writ dated August 5, 1918. In the Superior Court, the action was tried before O’Connell, J. Material evidence is described in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtDeCourcy, J.

At Ingalls station in Winthrop the double tracks of the Boston, Revere Beach and Lynn Railroad run north and south; the easterly track being used by trains going toward Boston, and the westerly one by trains from Boston. The station building is about fifty-eight feet to the east of the nearest rail, and across Walden Street. Two hundred and thirty-five feet south of the station a public highway, Lincoln Street, crosses the railroad tracks at right angles. Alongside and level with the easterly track a hard dirt walk or space extends from Lincoln Street northerly to a point beyond the steps…

2Cases cited2 opinions

  1. Jabbour v. Central Construction Co.Massachusetts Supreme Judicial Court · 1921
  2. Moynihan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917

3Cited by4 opinions

  1. Moore v. Town of AmesburyMassachusetts Supreme Judicial Court · 1929
  2. Papandrianos v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1923
  3. Caruso v. PierceMassachusetts District Court, Appellate Division · 1972
  4. Bresnik v. Beulah Park Ltd. Partnership, Inc.Ohio Supreme Court · 1993

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