Eames v. Worcester & Nashua Railroad
Massachusetts Supreme Judicial Court
Tort for the killing of a cow on the defendants’ railroad in Worcester, by their locomotive engine. Trial in the superior court, before Eevens, J., who reported this case: “ The plaintiff was a farmer, owning a farm in Worcester, traversed by the defendants’ railroad track.
Read the full summary
Tort for the killing of a cow on the defendants’ railroad in Worcester, by their locomotive engine. Trial in the superior court, before Eevens, J., who reported this case: “ The plaintiff was a farmer, owning a farm in Worcester, traversed by the defendants’ railroad track. He had owned this farm since 1843. The defendants’ road was constructed in 1848. It traversed the plaintiff’s farm, for a distance of about seventy rods, between his buildings and the highway from Worcester to West Boylston. The plaintiff quitclaimed to the defendants so much of his land as was included in the location of…
1Opinion of the CourtColt, J.
The plaintiff puts his right to recover on the ground that there existed a legal obligation upon the defendants to erect and maintain convenient gates, bars or other barriers, across the open way between his house and the highway, where it crossed the railroad. There was no evidence that the plaintiff was not in the exercise of due care, and none that the defendants were negligent in any other respect.
The defendants acquired their title to the location over the plaintiff’s land by deed reserving the way in question. We do not find anything in the terms of the reservation, which imposes upon…
2Cited by4 opinions
- Byrnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
- Fitchburg Railroad v. FrostMassachusetts Supreme Judicial Court · 1888
- Gay v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Hamlin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900