Gillett v. Western Railroad
Massachusetts Supreme Judicial Court
Two actions of tort, the declaration in each of which alleged that there is in Springfield a public highway, called Main Street which is crossed by the railroad of the defendants, and the defendants have so constructed and maintained their railroad, at the crossing, as to obstruct the highway and render it unsafe and inconvenient for travellers, whereby the plaintiff, travelling on the highway and across the railroad, with Ms horse and wagon, and using due care, sustained an…
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Two actions of tort, the declaration in each of which alleged that there is in Springfield a public highway, called Main Street which is crossed by the railroad of the defendants, and the defendants have so constructed and maintained their railroad, at the crossing, as to obstruct the highway and render it unsafe and inconvenient for travellers, whereby the plaintiff, travelling on the highway and across the railroad, with Ms horse and wagon, and using due care, sustained an injury to his horse, &c., and was put to trouble and expense. The cases were tried together in the superior court,…
1Opinion of the CourtBigelow, C. J.
The defendants were clearly liable for damages to the plaintiffs, if they caused an unlawful obstruction to public travel in the highway, whereby injuries were occasioned to the plaintiffs’ property. This liability exists notwithstanding a party may also have a remedy against the town or city where such obstruction is permitted. Snow v. Housatonic Railroad, ante, 443. By returning a verdict for the plaintiffs, under the allegations in the declarations, the jury must have found that the acts of the defendants rendered the highway unsafe and inconvenient to travellers. No question appears to…
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