Hubbard v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the executrix of the will of William L. Hubbard,, for causing his death at a crossing at grade in Richmond by the railroad tracks of the defendant. At the trial in the Superior Court, before Richardson, J., the defendant at the close of the evidence requested the judge to direct a verdict for the defendant.
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Tort, by the executrix of the will of William L. Hubbard,, for causing his death at a crossing at grade in Richmond by the railroad tracks of the defendant. At the trial in the Superior Court, before Richardson, J., the defendant at the close of the evidence requested the judge to direct a verdict for the defendant. The judge declined so to do, and submitted the case to the jury upon the issue whether or not the defendant was guilty of negligence in not having at the crossing a flagman, gate, or some other method to warn travellers of danger, and upon the issue whether or not the deceased was…
1Opinion of the CourtKnowlton, J.
This bill of exceptions presents two questions : first, whether there was evidence that the plaintiff’s testator was in the exercise of due care; secondly, whether there was evidence of negligence on the part of the defendant in failing to provide a gate or a flagman at the crossing to warn travellers of the approach of trains.
The place where the accident happened was exceedingly dangerous. The railroad at that point runs nearly northeast and southwest, and the plaintiff’s testator was driving northerly on the highway which crosses the railroad at an angle of forty degrees. On the westerly…
2Cases cited5 opinions
- Chicago & Eastern Illinois Railroad v. BoggsIndiana Supreme Court · 1885
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Eaton v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Richardson v. . New York Central R.R. Co.New York Court of Appeals · 1871
- Commonwealth v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1869
3Cited by25 opinions
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Trask v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Peterson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1941
- St. Louis-San Francisco Ry. Co. v. RundellSupreme Court of Oklahoma · 1925
- Interstate Motor Lines, Inc. v. Great Western Ry. Co.Court of Appeals for the Tenth Circuit · 1947
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