Titcomb v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Two actions of tort, to recover damages for personal injuries sustained by the plaintiffs, by reason of a defective bridge over the defendants’ railroad, where the same was crossed by a highway.
Read the full summary
Two actions of tort, to recover damages for personal injuries sustained by the plaintiffs, by reason of a defective bridge over the defendants’ railroad, where the same was crossed by a highway. The cases were tried together in this court, before Colt, J. The plaintiffs offered evidence tending to show that at the time of receiving the injury they were riding together in a carriage drawn by one horse, driven by another woman, upon Newton Street in Waltham, and, as they were passing upon a bridge over the defendants’ railroad, a train of the defendants came' along, and the horse was frightened…
1Opinion of the Court
Dewey, J.*
It is found by the report of these cases that the plaintiffs were driving at a proper rate of speed, with due care and with a suitable horse and vehicle, at the time they received the injuries for which they claimed damages. It is further proved that the fence was old and rotten where the horse went through, and was not in a proper state of repair.
The first inquiry is, whether the defendants were bound to maintain and keep in proper repair a fence or other barrier at the place where the horse went through the same. The duty, if it existed, arose under Rev. Sts. c. 39, § 72,…
2Cases cited1 opinion
- Smith v. Bowditch Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
3Cited by3 opinions
- Starrett v. Inhabitants of ThomastonSupreme Judicial Court of Maine · 1927
- Denver & Rio Grande Railroad v. BedellColorado Court of Appeals · 1898
- Denver & Rio Grande Railroad v. BedellColorado Court of Appeals · 1898