Burns v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages for a personal injury alleged to have been caused to the plaintiff by the carelessness of the defendants’ servants.
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Tort to recover damages for a personal injury alleged to have been caused to the plaintiff by the carelessness of the defendants’ servants. The case was tried in the superior court, before Wilkinson, J., who allowed the following bill of exceptions : “ At the trial the plaintiff offered evidence tending to show that the defendants had a side railroad track at Lowell, built and used by them for the purpose of transporting merchandise to and from a wharf or landing of the defendants adjacent thereto; that merchandise cars were switched off from the main track to this side track for the purpose…
1Opinion of the CourtColt, J.
In the opinion of a majority of the court there is nothing in this bill of exceptions, which discloses the existence of any relation, by contract or otherwise, between the parties, under which, in law, there was any peculiar obligation or duty imposed upon the defendants not to move their train upon the tracks on their own premises as their own necessities or convenience required. For anything that appears affirmatively, it was the exclusive business of the defendants’ agents to place the cars in a position to be loaded by the owners of merchandise. The contract with Norcross & Company did…
2Cited by8 opinions
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
- Atlanta & Charlotte Air Line Railway v. RaySupreme Court of Georgia · 1883
- Hopkins v. BoydIndiana Court of Appeals · 1897
- Donaldson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Wright v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1880
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