Chaffee v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by being run over by a band-car on the defendants’ railroad track at Milk Row station in Somerville, and alleged to have been caused by ‘heir negligence.
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Tort for personal injuries sustained by the plaintiff by being run over by a band-car on the defendants’ railroad track at Milk Row station in Somerville, and alleged to have been caused by ‘heir negligence. At the trial in this court, before Morion, J., the plaintiff testified that, soon after five o’clock on the afternoon of November 13,1867, he was waiting, as a passenger, in the passenger-room of the defendants’ station-house at the Milk Row station, for the arrival of their train from Boston, on which he was intending to travel to Winchester, having a season ticket from the defendants…
1Opinion of the CourtColt, J.
The plaintiff must show, by positive evidence, in cases of this description, that he was in the exercise of due care, and that his want of it did not contribute to the injury of which he complains. If, as a matter of common knowledge and experience, the court can see that, upon all the undisputed facts, the plaintiff was not in the exercise of ordinary care, and that the injury he received was in part attributable to his want of it, the jury may be properly told, as matter of law, that he cannot recover. But the question of ordinary care is, in most cases, even where the facts are undisputed,…
2Cases cited2 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Forsyth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by31 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
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