Jones v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while attempting to board a train on the defendant’s railroad at the Winter Hill station in Somerville, by the alleged negligence of the defendant. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The train by the starting of which the plaintiff Was hurt was not accustomed to stop at that station for the purpose of receiving passengers, but only for the purpose of leaving *246them in case there were any who wished to stop there; and when it so stopped, persons who wished and were ready to take the train were permitted to do so. The plaintiff had not made it known to anybody in the service of the defendant that he intended to take that train. Indeed, he did not himself intend to take it until, while on his way to the railroad station, he heard it coming; whereupon he ran to catch it, under…
2Cases cited3 opinions
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- Dewire v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1889
3Cited by6 opinions
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Dubose v. Railroad Co.Supreme Court of South Carolina · 1908
- McPartland v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1922
- Southern Ry. Co. v. JohnsonSupreme Court of Alabama · 1905
- Dowd v. Cleveland RailwayCuyahoga County Common Pleas Court · 1918
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