Daniels v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, a child ten years and ten months old, while playing upon a turn-table connected with the defendant’s railroad in Dedham.
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Tort, for personal injuries occasioned to the plaintiff, a child ten years and ten months old, while playing upon a turn-table connected with the defendant’s railroad in Dedham. At the trial in the Superior Court, before Mason, J., there was evidence tending to show that the turn-table was situated near the populous part of Dedham, and about one thousand feet from a public school located on an adjoining street, which the plaintiff attended; that the turn-table, as shown by a plan used at the trial, was upon the railroad location, and was distant between five hundred and six hundred feet from…
1Opinion of the CourtLatheop, J.
The plaintiff does not contend that he had any express invitation from the defendant to enter upon its premises, but that he was enticed or allured by the attractiveness of the . turn-table; and the proposition of law upon which he relies is, that if a railroad company leaves a turn-table unlocked or unguarded upon its own premises, near a public highway, or in an open or exposed position near the accustomed or probable place of resort of children, it is for the jury to determine, even in the absence of other evidence as to the attractive nature of the turntable, whether it is, in and of…
2Cases cited29 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Beck v. . CarterNew York Court of Appeals · 1877
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
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3Cited by69 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Ryan v. TowarMichigan Supreme Court · 1901
- Briscoe v. Henderson Lighting & Power Co.Supreme Court of North Carolina · 1908
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