Morrissey v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Frank Zakazenski, for causing the death of the plaintiff’s intestate at an open grade crossing of a railroad track of the defendant with a highway leading from the village of South Deerfield in the town of Deerfield toward Mill River, by means of the collision of a locomotive engine, attached to a train of the defendant, with a wagon in which the intestate was driving on September 19,1910, alleged to have been due to the negligence…
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Tort, by the administrator of the estate of Frank Zakazenski, for causing the death of the plaintiff’s intestate at an open grade crossing of a railroad track of the defendant with a highway leading from the village of South Deerfield in the town of Deerfield toward Mill River, by means of the collision of a locomotive engine, attached to a train of the defendant, with a wagon in which the intestate was driving on September 19,1910, alleged to have been due to the negligence of the defendant’s flagman in failing to display his flag when the train was approaching the crossing. Writ dated…
1Opinion of the CourtSheldon, J.
The defendant contends that a verdict should have been ordered in its favor.
It is settled that a grade crossing like the one at which the plaintiff’s intestate was killed is a highly dangerous place; and it was the duty of the intestate in driving over it to make a reasonable use of his senses to ascertain whether a train was about to pass, and a failure to do this would constitute negligence on his part such as to prevent a recovery by him or by his administrator for an injury or for his death, where, as here, the statutory signals were given from the approaching train. Rogers v. Boston &…
2Cases cited9 opinions
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Craig v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1875
- Allen v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1908
- Hamblin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hennessey v. MoynihanMassachusetts Supreme Judicial Court · 1930
- Griffin v. HustisMassachusetts Supreme Judicial Court · 1919
- Dernberger v. Baltimore & O. R. Co.Court of Appeals for the Fourth Circuit · 1917
- Fogg v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1916
- Casdorph v. HinesWest Virginia Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.