Shaw v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Action of tort for injuries sustained by the plaintiff, by reason of being struck by the defendant’s locomotive engine. Wrii dated July 29th 1852. Ad damnum, twenty five thousand dollars.
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Action of tort for injuries sustained by the plaintiff, by reason of being struck by the defendant’s locomotive engine. Wrii dated July 29th 1852. Ad damnum, twenty five thousand dollars. The plaintiff’s declaration alleged that the defendants were a corporation, owning a railroad with branches extending into different towns upon its line, one of which extended through Newton to Needham, and was known as the Newton Lower Falls Branch; that they owned and ran at stated times a train or trains of cars over their principal road and said branch; “ that on the 27t.h day of January A. D. 1852, as…
1Opinion of the CourtShaw, C. J.
1. The first point raised by the bill of exceptions arises upon the rejection of the declarations, concerning the cause and circumstances of the accident, made by the husband while in the railroad station. Upon consideration, the court are of opinion that, under the peculiar circumstances of the case, that decision was right.
The object manifestly was, to disparage the plaintiff’s right to recover, by proving some facts or circumstances showing that he and the plaintiff were not without negligence on their part. But still, it was essentially of the character of hearsay statements without oath…
2Cases cited18 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Coleman v. SouthwickNew York Supreme Court · 1812
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
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3Cited by1 opinion
- 20 Atlantic Avenue Corp. v. Allied Waste Industries, Inc.District Court, D. Massachusetts · 2007