Legal Opinion

Kellogg v. Smith

Massachusetts Supreme Judicial Court

Decided October 18, 1901PublishedCited by 3 opinions

Tort against the receivers of a railroad company for alleged negligence. Writ dated October 1, 1897. In the Superior Court, Hardy, J., ordered a verdict for the defendants; and the plaintiff alleged exceptions.

1Opinion of the CourtHolmes, C. J.

This is an action for personal injuries caused by the plaintiff’s falling through a railroad bridge into the water of Miller’s River. He had returned from an excursion over the Vermont Central road, and the train had reached Miller’s Falls, at which point the plaintiff was to continue his journey over the Fitchburg road. After stopping, the train backed from the station, seemingly with a view to switching the three rear cars across to the Fitchburg road by a spur track which left the Vermont Central track on the station side of Miller’s River. While the train was backing from the station…

2Cases cited2 opinions

  1. England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
  2. Buckley v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894

3Cited by3 opinions

  1. Dahl v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1929
  2. Chicago, M. & St. P. Ry. Co. v. YoungersCourt of Appeals for the Eighth Circuit · 1925
  3. Friend v. Boston & Maine RailroadMassachusetts District Court, Appellate Division · 1948

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