Wheelock v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by being struck by the defendants’ locomotive engine on their railroad track in Ashland, and alleged to have been caused by their negligence.
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Tort for personal injuries sustained by the plaintiff by being struck by the defendants’ locomotive engine on their railroad track in Ashland, and alleged to have been caused by their negligence. Trial in this court, before Morton, J., who reported the case as follows: “ On September 17, 1869, the plaintiff attempted to cross the south track of the defendants’ railroad from the platform of theii passenger-house at Ashland, in order to take passage on a train of their cars standing upon the north track, to go to Grafton The plaintiff resided in Grafton; was engaged in business ai Framingham;…
1Opinion of the Court
Morton, J.*
In cases of this nature, the burden of proof is upon the plaintiff to show that he was in the exercise of due care at the time he was injured. In numerous recent cases it has been held that if the evidence discloses an act of carelessness on the part of tire plaintiff, contributing to his injury, or if there is no evidence to show that he used the precautions and vigilance, which, according to common experience, men of ordinary prudence exercise under like circumstances, and there appears no reasonable excuse for his failure to do so, it is the duty of the court to direct a verdict…
2Cases cited1 opinion
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by26 opinions
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- State v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1888
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
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