Floytrup v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for- personal injuries occasioned to the plaintiff while alighting from a train of the defendant in the station at Lynn, on the evening of December 29, 1892. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the defendant, and the plaintiff alleged exceptions, the nature of which sufficiently appears in the opinion.
1Opinion of the CourtBarker, J.
The evidence of the usage of the road, that one train should not enter a station while another train was engaged in delivering passengers there, was competent upon the question whether the defendant’s servants managed the train in a proper manner; and if the plaintiff knew of it, it bore also upon the question whether she used due care. There was evidence that she had frequently used the railroad between Lynn and Marble-head, and this was evidence from which the jury might have found that she knew of the usage. The evidence of the usage was therefore rightly admitted. O'Neill v. Lynn & Boston…
2Cases cited3 opinions
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- O'Neill v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1892
- Merritt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by12 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Oddy v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- LaFond v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Cross v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- McNeil v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1933
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