Heyward v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, by the alleged negligence of the defendant, while transporting a horse from Boston to Springfield over the defendant’s railroad. The plaintiff’s specifications of negligence alleged “ that said train was stopped and started in so sudden and violent a manner that the plaintiff was thrown over against a certain seat in the caboose in which he was riding at the time, with great force and violence.”
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Tort, for personal injuries occasioned to the plaintiff, by the alleged negligence of the defendant, while transporting a horse from Boston to Springfield over the defendant’s railroad. The plaintiff’s specifications of negligence alleged “ that said train was stopped and started in so sudden and violent a manner that the plaintiff was thrown over against a certain seat in the caboose in which he was riding at the time, with great force and violence.” Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows. The…
1Opinion of the CourtKnowlton, J.
The contract between the plaintiff and the defendant was made upon the assumption that the plaintiff, or some one employed by him, was to go upon the train to take care of the horse, and the price paid for the transportation was paid for the carriage of the attendant as well as for that of the horse. New York Central Railroad v. Lockwood, 17 Wall. 357. The case differs materially from Quimby v. Boston & Maine Railroad, 150 Mass. 365, where the plaintiff was being carried gratuitously, and from Hosmer v. Old Colony Railroad, 156 Mass. 506, where the plaintiff was not in the relation of a…
2Cases cited4 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Hosmer v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by2 opinions
- Olds v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Tripp v. Michigan Cent. R.Court of Appeals for the Sixth Circuit · 1917