Debbins v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being run down by the defendant’s locomotive engine at the crossing at grade of its railroad and Spring Street in Boston. Trial in the Superior Court, before Mason, J., who ruled that upon the evidence the action could not be maintained, and ordered a verdict for the defendant; and the plaintiff alleged exceptions. The nature of the evidence appears in the opinion.
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Tort, for personal injuries occasioned to the plaintiff by being run down by the defendant’s locomotive engine at the crossing at grade of its railroad and Spring Street in Boston. Trial in the Superior Court, before Mason, J., who ruled that upon the evidence the action could not be maintained, and ordered a verdict for the defendant; and the plaintiff alleged exceptions. The nature of the evidence appears in the opinion. The case was argued at the bar in January, 1891, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries. After the evidence was all in, the judge before whom the case was tried directed a verdict for the defendant; and the question is whether the direction was right. The plaintiff’s evidence tended to prove the following facts. On October 22, 1888, the plaintiff came to the defendant’s Spring Street Station in Boston, intending to take the twenty minutes past five afternoon train for Dedham. He approached the station by Spring Street, moving toward the northeast. When he reached it, he found his train already there on the farther track, and the gate…
2Cases cited6 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Copley v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Burke v. CookMassachusetts Supreme Judicial Court · 1923
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
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