Legge v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Michael Legge against the New York, New Haven, and Hartford Railroad Company for causing the death of the plaintiff’s intestate from being struck by a locomotive engine of the defendant, with three counts, the first count alleging that the intestate was a traveller on Depot Street, a highway in Sharon, and was killed by reason of the failure of the defendant to give the signals required by law at a grade crossing of that highway,…
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Tort by the administrator of the estate of Michael Legge against the New York, New Haven, and Hartford Railroad Company for causing the death of the plaintiff’s intestate from being struck by a locomotive engine of the defendant, with three counts, the first count alleging that the intestate was a traveller on Depot Street, a highway in Sharon, and was killed by reason of the failure of the defendant to give the signals required by law at a grade crossing of that highway, the second count alleging that the intestate was killed while he was a passenger of the defendant who had alighted from…
1Opinion of the CourtHammond, J.
There can be no recovery upon the first count because the plaintiff’s intestate was killed before he reached the highway.
There can be no recovery upon the second count because at the time the plaintiff’s intestate was killed he had ceased to be a passenger. yWhile it is true that a corporation operating a railroad is bound to use proper care to see that a passenger who alights from one of its cars at a station provided for that purpose has a safe way of exit from its grounds, and that the rela*90tion of passenger continues until such exit is completed, yet where proper arrangements have been…
2Cases cited4 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Keefe v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Cazneau v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by15 opinions
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Doherty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
- Youngerman v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1916
- Boden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Hyams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
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