Tilton v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, in two counts, under Pub. Sts. c. 112, §§ 212, 213, by the administrator of the estate of Ralph Martin, for causing his death. At the trial in .the Superior Court, before Bishop, J., the jury returned a verdict for the plaintiff on the first count, and for the defendant on the second count; and the defendant alleged exceptions. The facts appear in the opinion,
1Opinion of the CourtField, C. J.
The only exception in the case is to the refusal of the court to rule that, on the evidence, the plaintiff was not entitled to recover upon either count of the declaration. The jury returned a verdict for the plaintiff on the first count, and for the defendant on the second. The first count was drawn under Pub. Sts. c. 112, § 212, and the second under § 213 of the same chapter. At the argument in this court it was not seriously contended by the counsel for the defendant that there was not some evidence for the jury that the flagman employed by the defendant at the crossing was grossly…
2Cases cited6 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Hubbard v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Clark v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Conaty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Walsh v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1898
- Kelly v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Hamblin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Dimauro v. Linwood Street Railway Co.Massachusetts Supreme Judicial Court · 1908
3 more not listed; retrieve them via the Exa API.