Bancroft v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff’s intestate, Francis H. Holman, while crossing the defendants’ railroad track. At the new trial in the superior court, before Lord, J., after the decision reported 11 Allen, 34, the facts appeared substantially as follows: On September 17,1863, Holman, with his son, took passage in the defendants’ cars from Worcester to Brighton, where they arrived just before nine o’clock in the morning and alighted on the platform adjoining the southern…
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Tort for injuries to the plaintiff’s intestate, Francis H. Holman, while crossing the defendants’ railroad track. At the new trial in the superior court, before Lord, J., after the decision reported 11 Allen, 34, the facts appeared substantially as follows: On September 17,1863, Holman, with his son, took passage in the defendants’ cars from Worcester to Brighton, where they arrived just before nine o’clock in the morning and alighted on the platform adjoining the southern track of the railroad, over which track the train had come; this platform being that on which passengers usually and…
1Opinion of the CourtBigelow, C. J.
Upon the uncontroverted evidence the court is of opinion that the plaintiff’s intestate was not in the use of due care at the time of the accident which occasioned his death. The defendants had caused to be provided a sufficiently convenient and readily accessible place of egress from the platform on which the intestate stepped upon leaving the train. He could have reached the highway through the passage so provided without going on the track of the railroad. Instead of taking this course, he attempted to pass across the track unnecessarily, at a moment when he knew that the train which he…
2Cited by24 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Koch v. Southern California Ry. Co.California Supreme Court · 1906
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
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