Briggs v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries from being hit on the head and knocked to the ground by a gate .at a crossing of the defendant on Moody Street in Waltham while the plaintiff was approaching tlie crossing on a bicycle between six and seven o’clock on the evening of May 8, 1908. Writ dated November 6, 1903. In the Superior Court Sheldon, J. ordered a verdict for the defendant, and reported the case for determination by this court.
Read the full summary
Tort for personal injuries from being hit on the head and knocked to the ground by a gate .at a crossing of the defendant on Moody Street in Waltham while the plaintiff was approaching tlie crossing on a bicycle between six and seven o’clock on the evening of May 8, 1908. Writ dated November 6, 1903. In the Superior Court Sheldon, J. ordered a verdict for the defendant, and reported the case for determination by this court. If on the evidence the plaintiff was entitled to have his case submitted to the jury, a new trial was to be granted; otherwise, judgment was to be entered on the verdict.
1Opinion of the CourtKngwlton, C. J.
The plaintiff was riding on his bicycle in Waltham, along a street which crossed the defendant’s railroad, on which, at that point, were four tracks where trains passed very frequently. When he was about three hundred feet from the crossing, he discovered that the gates were down, and he rode his bicycle to the curbstone and there engaged in conversation with one McGluichey, who stood upon the sidewalk in front of the building in which his office was located. He continued the conversation about ten minutes. During the first three minutes the gates were down, then they went up entirely and…
2Cases cited3 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Chase v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1897
- Sewell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by2 opinions
- In Re MorseSupreme Court of Vermont · 1924
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909