Legal Opinion

Lamb v. Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided September 3, 1885PublishedCited by 29 opinions

Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Mason, J., who ruled that there was no evidence for the jury, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtW. Allen, J.

As the plaintiff was driving his horse along a highway parallel to and adjoining the defendant’s railroad, his horse was frightened by the smoke from the engine of a train passing on the railroad in a direction opposite to that in which the plaintiff was going, and the plaintiff was injured in consequence. After the plaintiff’s evidence was all in, the court ruled that there was no evidence for the jury; and the plaintiff excepted to the ruling. The evidence is not stated in the exceptions, but a full report of it is annexed and referred to in them. It does not appear upon what ground the…

2Cases cited1 opinion

  1. Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874

3Cited by29 opinions

  1. Morner v. Union Pacific RailroadWashington Supreme Court · 1948
  2. Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
  3. Mumma v. Easton & Amboy RailroadSupreme Court of New Jersey · 1906
  4. Louisville & Nashville Railroad v. SmithCourt of Appeals of Kentucky · 1899
  5. Southern Railway Co. v. FlyntCourt of Appeals of Georgia · 1907

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