Legal Opinion

Myers v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided May 18, 1911PublishedCited by 4 opinions

Two actions OF tort, the first for personal injuries sustained by the plaintiff, a minor, and the second by the father of the plaintiff in the first case for the loss of his services.

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Two actions OF tort, the first for personal injuries sustained by the plaintiff, a minor, and the second by the father of the plaintiff in the first case for the loss of his services. Writs dated March 16,1907. In the Superior Court the cases were tried together before White, J. It appeared that on July 19, 1906, the plaintiff in the first case, hereinafter called the plaintiff, received injuries, which necessitated the - amputation of his right leg just below the knee, while in an empty car of the defendant on a track adjacent to the premises occupied by H. P. Hood and Sons’ milk depot on…

1Opinion of the CourtHammond, J.

These are two actions of tort, the first being for personal injuries sustained, by a minor, and the second by his father for loss of services of the minor. The actions were tried together.

There is no evidence that the minor was invited into the car by any one representing or having the right to act for the defendant ; and he was therefore at the most a mere licensee. The measure of the defendant’s duty was to refrain from wanton or reckless conduct tending to injure him. There was no evidence of such conduct.

The order directing verdicts for the defendant was correct. In each case the entry…

2Cited by4 opinions

  1. Buddy v. Union Terminal Railway Co.Supreme Court of Missouri · 1918
  2. Papich v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1918
  3. Khinoveck v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
  4. Backman v. GuilianoMassachusetts District Court, Appellate Division · 1953

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