Legal Opinion

Young v. Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided March 31, 1892PublishedCited by 7 opinions

Tort, for personal injuries occasioned to the plaintiff by being struck by the defendant’s locomotive engine at Hyde Park.

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Tort, for personal injuries occasioned to the plaintiff by being struck by the defendant’s locomotive engine at Hyde Park. At the trial in the Superior Court, before Lathrop, J., there was evidence tending to show that at Hyde Park there are three tracks: the easterly, for the trains from Boston, the middle, for the trains to Boston, and the westerly, known as the third track ; that across the tracks and opposite the station there was a platform for accommodating people going in and out of trains ; that about one hundred and thirty-two feet north of the ladies’ room, in which the plaintiff…

1Opinion of the CourtMorton, J.

We think, upon the facts disclosed in the exceptions, that the plaintiff was not in the exercise of due care. She attempted in broad daylight to cross the track in front of an approaching train, which she saw, and which was only a short distance away, — so near, in fact, that, when she stumbled and fell upon the track, the engine struck her before she could recover herself. It was also due to her own failure to make proper inquiry that she attempted to cross the tracks.at all. She was in the station for fifteen minutes, and might easily have learned by suitable inquiries that the train which…

2Cases cited3 opinions

  1. England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
  2. Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
  3. Wheelwright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883

3Cited by7 opinions

  1. Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
  2. Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
  3. Young v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
  4. Connolly v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1893
  5. White v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909

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