Clapp v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Two actions OF tort, the first by the owner of a wagon and the second by the owner of a pair of horses, for damage to the wagon and the horses from being run into by an engine and train of the defendant at a grade crossing of the tracks of the railroad operated by the defendant with Worcester Street in Framingham on February 17, 1915. Writ dated March 31, 1915. Counts one and three of the declarations on which the cases were tried are described in the opinion.
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Two actions OF tort, the first by the owner of a wagon and the second by the owner of a pair of horses, for damage to the wagon and the horses from being run into by an engine and train of the defendant at a grade crossing of the tracks of the railroad operated by the defendant with Worcester Street in Framingham on February 17, 1915. Writ dated March 31, 1915. Counts one and three of the declarations on which the cases were tried are described in the opinion. In the Superior Court the cases were tried together before Keating, J. The evidence is described in the opinion. At the close of the…
1Opinion of the CourtCrosby, J.
While the plaintiff Brennan was driving a pair of horses, owned by him and attached to a wagon owned by the plaintiff Clapp, across the tracks of the defendant’s railroad on Worcester Street in the town of Framingham, one of the horses caught his front hoof in a space between the planking and the rail and fell down; while in that position, the rear end of the wagon, which projected partly over the south bound main track, was struck by the engine of a train, damaging it and injuring the horses.
The cases were submitted to the jury upon the first and third counts: the first alleged negligence in…
2Cases cited2 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Harris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
3Cited by8 opinions
- Culver v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1936
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- Gannett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1921
- Casey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1919
- Barton v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1955
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