Osgood v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort for loss of services and society of and expense of curing the plaintiff’s wife, who was injured by an alleged defective construction of the defendant’s tracks in Lynn. Answer, a general denial. At the trial in the Superior Court, before Colburn, J., the jury returned a verdict for the plaintiff in the sum of $750; and the defendant alleged exceptions to the rulings and refusals to rule of the judge, which appear in the opinion.
1Opinion of the CourtMorton, J.
Under the instructions given them, the jury must have found that the defendant negligently constructed its track so as to create an obstruction or defect in the highway, by reason of which the wife of the plaintiff was injured.
At common law, the defendant would be liable to any person injured by such negligence. The statute, in affirmance of the rule of common law, provides that “ every corporation, its lessees or assigns, shall keep in repair such portions of any paved streets, roads and bridges as are occupied by its tracks; and when such tracks occupy streets or roads that are not paved,…
2Cited by11 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Wilson v. GraceMassachusetts Supreme Judicial Court · 1930
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Woodall v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Brookhouse v. Union Railway Co.Massachusetts Supreme Judicial Court · 1882
6 more not listed; retrieve them via the Exa API.