Manley v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate^ of Joseph Wallace, for causing his death. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. Wallace was killed by being struck by an engine attached to a train of the defendant at a grade crossing in Ware. He had lived in the vicinity for several years, and was familiar with the locality where the collision occurred. He had frequently travelled the road.
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Tort, by the administrator of the estate^ of Joseph Wallace, for causing his death. Trial in the Superior Court, before Mason, C. J., who allowed a bill of exceptions, in substance as follows. Wallace was killed by being struck by an engine attached to a train of the defendant at a grade crossing in Ware. He had lived in the vicinity for several years, and was familiar with the locality where the collision occurred. He had frequently travelled the road. The train which caused his death was a regular one, which had for a long time passed the point in question at the same time, about twenty…
1Opinion of the CourtAllen, J.
For the purpose of determining these exceptions, it must be assumed that the jury were satisfied that the defendant neglected to give the signals required by Pub. Sts. c. 112, §§ 163, 213, and that such neglect contributed to the injury. In order to escape liability, it was therefore incumbent on the defendant, under the statute, to prove that the deceased, in addition to a mere want of ordinary care, was guilty of gross or wilful negligence which contributed to the injury. It is conceded on the part of the defendant that the Chief Justice, who presided at the trial, was right in submitting…
2Cases cited5 opinions
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Hanks v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Williams v. GrealyMassachusetts Supreme Judicial Court · 1873
- Sullivan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Klegerman v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
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