Cooke v. Boston and Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on May 8, 1880, by the defective construction of a bridge built and maintained by the defendant corporation in Winchester. Answer, a general denial.
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Tort for personal injuries occasioned to the plaintiff, on May 8, 1880, by the defective construction of a bridge built and maintained by the defendant corporation in Winchester. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon agreed facts, in substance as follows: At the time of the accident the plaintiff, who was accustomed to the management of horses, and to driving horses in all kinds of vehicles, was driving an omnibus drawn by two horses along the north side of Cross Street, a highway in…
1Opinion of the Court
C.J.
It is by implication conceded by the defendant that, at the time of the injury received by the plaintiff, the highway at the crossing was not safe and convenient; and the defence rests upon the ground that the town, and not the railroad company, was bound to keep the highway in a safe condition. It was contended that, under § 11 of the defendant’s charter, St. 1830, c. 4, it was for the selectmen of the town to say whether *187or not the manner of constructing the railroad at that point was satisfactory to them, and, if not, to make it so, and to recover the cost of so doing from the railroad…
2Cases cited2 opinions
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Cushing v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1878
3Cited by29 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Chicago, Burlington & Quincy Railway Co. v. People ex rel. GrimwoodIllinois Supreme Court · 1904
- Dyer County v. RailroadTennessee Supreme Court · 1889
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Lake Erie & Western Railroad v. CluggishIndiana Supreme Court · 1896
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