Shapleigh v. Wyman
Massachusetts Supreme Judicial Court
Tort for personal injuries. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that she was sixty-seven years old; that on November 24, 1881, about three o’clock in the afternoon, she passed down the southerly side of Granite Street in Haverhill to certain flagstones, which were shown by a plan put in evidence to be located' at a point where Granite Street, Essex…
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Tort for personal injuries. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff testified that she was sixty-seven years old; that on November 24, 1881, about three o’clock in the afternoon, she passed down the southerly side of Granite Street in Haverhill to certain flagstones, which were shown by a plan put in evidence to be located' at a point where Granite Street, Essex Street and Locust Street form a junction; that she saw nothing in her way, and stepped on the flagstones, with the intention…
1Opinion of the CourtDevens, J.
We have heretofore held that the decisions as to the degree of care required at a railroad crossing do not afford a proper test of the care which is demanded of one, who, in passing from one side to the other of a public street or way, must necessarily have suitable regard to the vehicles lawfully travelling thereon. The same degree of watchfulness is not required as when a railway train, which is usually run at a higher rate of speed, and is confined to a track from which it cannot deviate, and cannot be checked suddenly, except with difficulty and hazard, has a right to use a particular…
2Cases cited4 opinions
- Williams v. GrealyMassachusetts Supreme Judicial Court · 1873
- Lynam v. Union Railway Co.Massachusetts Supreme Judicial Court · 1873
- Bowser v. WellingtonMassachusetts Supreme Judicial Court · 1879
- Schienfeldt v. NorrisMassachusetts Supreme Judicial Court · 1874
3Cited by21 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Stringer v. FrostIndiana Supreme Court · 1889
- Pearce v. RodellMichigan Supreme Court · 1937
- Benjamin v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1893
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