Norton v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort for an injury caused by the plaintiff’s horse taking fright at the passing of the defendants’ cars. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered evidence of the following facts: That October 10, 1872, he was riding in a wagon drawn by a horse, on a highway crossed by the defendants’ tracks at grade; that a train of cars approaching the crossing could not be seen by persons travelling on the highway in the direction the plaintiff was…
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Tort for an injury caused by the plaintiff’s horse taking fright at the passing of the defendants’ cars. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered evidence of the following facts: That October 10, 1872, he was riding in a wagon drawn by a horse, on a highway crossed by the defendants’ tracks at grade; that a train of cars approaching the crossing could not be seen by persons travelling on the highway in the direction the plaintiff was going; that while he was driving at a speed not exceeding four miles an hour, and when he had approached within…
1Opinion of the CourtDevens, J.
In order to sustain the verdict in the present case, the defendants rely upon the ground that even if the signals by bell or whistle were omitted by them, and if in consequence of this omission the plaintiff approached nearer to the train than he would otherwise have done, the injury being caused by the fright of the horse occasioned by this proximity, they were not to be held responsible therefor, because, as they contend, such signals are intended to protect travellers at highway crossings from actual collision only, or at most from taking any position which involves imminent danger of…
2Cases cited3 opinions
- Wakefield v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1864
- Flint v. Norwich and Worcester RailroadMassachusetts Supreme Judicial Court · 1872
- Wilson v. Rochester & Syracuse RailroadNew York Supreme Court · 1853
3Cited by35 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
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