Legal Opinion

Keefe v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided July 3, 1886PublishedCited by 16 opinions

Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the plaintiff, on October 23, 1883, purchased a ticket at the station of the defendant corporation in Boston, for a passage over its railroad to Newton, the residence of the plaintiff, and took a train from Boston which arrived at Newton…

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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence that the plaintiff, on October 23, 1883, purchased a ticket at the station of the defendant corporation in Boston, for a passage over its railroad to Newton, the residence of the plaintiff, and took a train from Boston which arrived at Newton about twenty minutes past six o’clock on the same evening. The plaintiff testified, that, upon her arrival at Newton, she…

1Opinion of the CourtField, J.

The principal contention of the counsel for the defendant is, that, “ as soon as the plaintiff began her progress towards the west, for the purpose of crossing the railroad at a place not intended nor prepared for such use, she ceased to have any right to protection as a passenger, because the safe and proper way of egress for passengers was in the opposite direction.”

*256e There was evidence that the construction of the platform on the south side of the railroad, and the use made of it, were such that it was intended by the railroad company to be used by passengers, so far as was necessary or…

2Cited by16 opinions

  1. Reed v. Axtell & MyersSupreme Court of Virginia · 1887
  2. Collins v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1890
  3. Houston, East & West Texas Railway Co. v. McCartyCourt of Appeals of Texas · 1905
  4. Legge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  5. Alexandria & F. R. R. v. HerndonSupreme Court of Virginia · 1890

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