Boston & M. R. R. v. McGrath
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. Action by William McGrath against the Boston & Maine Railroad. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
ALDRICH, District Judge.
We think the judgment should be reversed in this case.
There is nothing to show that the plaintiff was a man wanting in ordinary sight and intelligence, and, upon his own statement, he deliberately and without looking walked onto a railroad track, where he was aware that trains and engines were liable to be moving. The undisputed evidence shows that he was injured by an engine moving at the moderate rate of four or five miles an hour, which was no greater speed than that of the brisk walk of a footman.
In the absence of something showing a situation which operates to…
2Cited by3 opinions
- Testo v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1921
- Nashville, C. & St. L. R. v. ParksTennessee Supreme Court · 1916
- Horan v. Boston & M. R. R.Court of Appeals for the First Circuit · 1910