Randall v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries alleged to have been occasioned to the female plaintiff by her falling off a bridge by which a highway in Charlestown crosses the defendants’ railroad, and which the defendants were bound to keep in repair, but had negligently failed to fence. At the trial in this court, before Colt, J., it appeared that the night of the accident was very dark, and there was no light of any kind in the neighborhood of the place of the accident.
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Tort to recover for personal injuries alleged to have been occasioned to the female plaintiff by her falling off a bridge by which a highway in Charlestown crosses the defendants’ railroad, and which the defendants were bound to keep in repair, but had negligently failed to fence. At the trial in this court, before Colt, J., it appeared that the night of the accident was very dark, and there was no light of any kind in the neighborhood of the place of the accident. The defendants requested the judge to instruct the jury, “ that the plaintiffs must show that the accident was caused solely by…
1Opinion of the CourtGray, J.
The exception taken in this case is founded solely upon the alleged negligence of the city of Charlestown to provide proper lights at the place in question. But cities and towns are under no obligation to light highways. Sparhawk v. Salem, 1 Allen, 30. Macomber v. Taunton, 100 Mass. 255. It does not therefore appear that there was any evidence that the negligence of the city of Charlestown, or of any other corporation or person than the defendants, contributed to the accident. The question sought to be presented by the defendants’ requests for instructions does not appear to have arisen in…
2Cases cited1 opinion
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Mayo v. Commissioners of WashingtonSupreme Court of North Carolina · 1898
- Spaulding v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1891
- Aiken v. City of ColumbusIndiana Supreme Court · 1906
- City of Vincennes v. ThuisIndiana Court of Appeals · 1902
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