Bjornquist v. Boston & A. R.
Court of Appeals for the First Circuit
In Error to the District Court of the United States for the District of Massachusetts; Jas. lyt. Morton, Judge. Action by Charles J. Bjornquist, by next friend against the Boston & .Albany .Railroad Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the District of Massachusetts; Jas. lyt. Morton, Judge. Action by Charles J. Bjornquist, by next friend against the Boston & .Albany .Railroad Company. Judgment for defendant, and plaintiff brings error. Action of tort, originally commenced in the superior court for the county of Suffolk, by writ dated January 22, 1900, for injuries sustained on August 12, 1S99, in consequence of the plaintiff jumping from a freight car of the defendant, owing to a brakeman “hollering to him to “get off there or I’ll break your neck,” but no battery was…
1Opinion of the Court
BINGHAM, Circuit Judge.
This is an action of tort for personal injuries sustained by the plaintiff through the alleged willful, reckless, and wanton conduct of the defendant, its agents, and servants.
[1, 2] The defendant filed a plea in abatement, setting forth the pendency of a prior suit for the same cause of action in the superior court for the county of Suffolk and commonwealth of Massachusetts. It also filed an answer, denying each and every allegation of the plaintiff's writ and declaration, and each and every count thereof, and further alleged that the plaintiff was guilty of negligence…
2Cases cited24 opinions
- Williamson v. OsentonSupreme Court of the United States · 1914
- Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
- Lámar v. MicouSupreme Court of the United States · 1885
- Lámar v. MicouSupreme Court of the United States · 1884
- Van Matre v. SankeyIllinois Supreme Court · 1893
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3Cited by26 opinions
- Wilfredo Rodriguez-Diaz v. Marcelo Sierra-MartinezCourt of Appeals for the First Circuit · 1988
- Jolicoeur v. MihalyCalifornia Supreme Court · 1971
- Helen K. Kaiser, Administratrix of the Estate of Carole Lu Kaiser, Deceased, and v. Carroll O. Loomis, AndCourt of Appeals for the Sixth Circuit · 1968
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Patino v. CommissionerUnited States Tax Court · 1949
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