Harris v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Toet under R. L. c. 51, § 18, c. Ill, § 129, by a boy, seven years of age when injured, for injuries sustained on October 25, 1901, at the grade crossing of the defendant’s track with Railroad Street in the town of Wakefield, alleged to have been caused by a defect in the portion of the highway which the defendant was by law obliged to repair.
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Toet under R. L. c. 51, § 18, c. Ill, § 129, by a boy, seven years of age when injured, for injuries sustained on October 25, 1901, at the grade crossing of the defendant’s track with Railroad Street in the town of Wakefield, alleged to have been caused by a defect in the portion of the highway which the defendant was by law obliged to repair. Writ dated February 5, 1902. In the Superior Court the case was tried before Schofield, J. The material facts are stated in the opinion. At the close of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions,…
1Opinion of the CourtDeCourcy, J.
By statute there was imposed upon the defendant the duty of keeping in repair the portion of Railroad Street that was crossed by the railroad at grade. R. L. c. 111, § 129. Scanlan v. Boston, 140 Mass. 84. Mack v. Boston & Albany Railroad, 164 Mass. 393.
It being agreed that the defendant was operating a railroad across the street lawfully, its tracks, when properly constructed and maintained, cannot be a defect for which it is liable, even though they may be obstacles to travel. Lawrence v. New Bedford, 160 Mass. 227. Fowler v. Gardner, 169 Mass. 505. There was evidence that at the place of…
2Cases cited5 opinions
- Tighe v. City of LowellMassachusetts Supreme Judicial Court · 1876
- Mack v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Scanlan v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Fowler v. Inhabitants of GardnerMassachusetts Supreme Judicial Court · 1897
- Lawrence v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
3Cited by4 opinions
- Wershba v. City of LynnMassachusetts Supreme Judicial Court · 1949
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- Clapp v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
- Manter v. New BedfordMassachusetts Supreme Judicial Court · 1923