Peterson v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, by the administratrix of the estate of Peter Peterson, late of Boston, for negligently causing the death of the plaintiff’s intestate on May 3, 1913, when he was in the exercise of due care and was not a passenger or in the employ of the defendant, by running him down with a freight train as he was crossing a track of the defendant on Walnut Street near the Neponset station of the defendant in…
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Tort under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, by the administratrix of the estate of Peter Peterson, late of Boston, for negligently causing the death of the plaintiff’s intestate on May 3, 1913, when he was in the exercise of due care and was not a passenger or in the employ of the defendant, by running him down with a freight train as he was crossing a track of the defendant on Walnut Street near the Neponset station of the defendant in Boston. Writ dated July 10, 1913. The declaration contained two counts. The first count alleged that the plaintiff’s…
1Opinion of the CourtCarroll, J.
This is an action under St. 1907, c. 392, to recover for the death of Peter Peterson who was killed May 3, *4731913, while crossing the Dorchester and Milton branch track of the defendant’s railroad, at the Neponset station. The outward station is between the main tracks and the branch track. This station is surrounded by a concrete platform about one foot higher than the tracks. West of the platform is an open space, which is in part Rice Street and in part land of the defendant. Taylor Street, Walnut Street and Wood Street lead into Rice Street. This whole open space was at the same grade…
2Cases cited10 opinions
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Holian v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Chase v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1897
- Donovan v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- June v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by1 opinion
- Allen v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923