Barden v. Boston, Clinton & Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while a passenger in a car of the defendant. Trial in the Superior Court, before Allen, J., who, by consent of the parties, before verdict, reported the case for the determination of this court, in substance as follows: .The plaintiff purchased of the defendant a ticket at Attleborough for Taunton, and entered the defendant’s train for that city.
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Tort for personal injuries received by the plaintiff while a passenger in a car of the defendant. Trial in the Superior Court, before Allen, J., who, by consent of the parties, before verdict, reported the case for the determination of this court, in substance as follows: .The plaintiff purchased of the defendant a ticket at Attleborough for Taunton, and entered the defendant’s train for that city. A short distance before arriving at the station in Taunton, in the daytime, the engine and one passenger car containing passengers for Taunton were switched off on a side track, leaving the car, in…
1Opinion of the CourtGray, C. J.
We can have no doubt that the contract between the parties, which required the corporation to furnish f ie plaiutiff with a seat, did not, as matter of law, oblige him to keep, it from the time he first took it until the train had come to a final stop at the place of his destination; and that the question, whether he was wanting in reasonable care in leaving his seat and standing in the passageway inside the closed door, after the approach of the train to the station at which he was to alight had been announced and the car had actually entered the station, and for the purpose of hastening his…
2Cited by15 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Treat v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
- Burr v. Pennsylvania RailroadSupreme Court of New Jersey · 1899
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