Moore v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Maria Burke, for causing her death. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows. The plaintiff’s intestate was struck by an engine attached to an express train upon the defendant’s railroad, on December 24, 1887, near the Riverside station, in Newton.
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Tort, by the administratrix of the estate of Maria Burke, for causing her death. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows. The plaintiff’s intestate was struck by an engine attached to an express train upon the defendant’s railroad, on December 24, 1887, near the Riverside station, in Newton. The person employing the intestate as a domestic testified that she had been employed by her for six or eight months prior to the accident; that the intestate was about twenty-two years of age, and an exceptionally…
1Opinion of the CourtBarker, J.
It is unnecessary to consider the other questions raised, because we are of opinion that there was no evidence to justify a finding that the plaintiff’s intestate was herself in the exercise of due care. The crossing was not one to which the provisions of the Pub. Sts. c. 112, § 213, apply, and it is conceded by the plaintiff that the burden of proving that her intestate was in the exercise of due care rested upon the plaintiff. Assuming in her favor, without so deciding, that the jury might properly have found that the plaintiff’s intestate was upon the crosswalk when struck by the engine,…
2Cases cited2 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
- Cox v. South Shore & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Rodriques v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- American R. Co. of Porto Rico v. LopezCourt of Appeals for the First Circuit · 1924