Dawson v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while attempting to get on a car of the defendant at a station called Maplewood. The declaration alleged due care on the part of the plaintiff, and negligence on the part of the defendant. The answer was a general denial.
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Tort, for personal injuries occasioned to the plaintiff while attempting to get on a car of the defendant at a station called Maplewood. The declaration alleged due care on the part of the plaintiff, and negligence on the part of the defendant. The answer was a general denial. At the trial in the Supérior Court, before Dunbar, J., it appeared that five empty passenger cars were standing upon a side track, and the incoming train passed by the station on the main track, and, after reaching the switch, was backed down upon the side track and coupled to the stationary cars ; "that after the…
1Opinion of the CourtAllen, J.
The defendant in its answer denied each and every allegation contained in the plaintiff’s declaration, and thus required the plaintiff to prove his whole case. One averment was that .he was in the exercise of due care. There were five passenger cars standing upon a side track, and the incoming train passed by the station on the main track, and, after reaching the switch, was backed down upon the side track and coupled to the stationary cars. After the incoming train had "passed the station, the plaintiff tried to get into one of the stationary cars, and received his injury.
The evidence…
2Cases cited1 opinion
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
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