Morrissey v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort for injuries to the plaintiff, a child four years of age, by being run over by a railroad train of the defendant. Trial in this court, before Gray, C. J., who, after a verdict for the defendant, reported the case for the consideration of the full court, in substance as follows: The defendant’s railroad, at the place of the accident, consisting of a single track, after leaving the station at Gloucester, crosses Cedar Street, and, at a point about four hundred feet from…
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Tort for injuries to the plaintiff, a child four years of age, by being run over by a railroad train of the defendant. Trial in this court, before Gray, C. J., who, after a verdict for the defendant, reported the case for the consideration of the full court, in substance as follows: The defendant’s railroad, at the place of the accident, consisting of a single track, after leaving the station at Gloucester, crosses Cedar Street, and, at a point about four hundred feet from the station, enters a cut through a ledge, upon a curve. The ledge rises upon both sides of the track and extends a short…
1Opinion of the CourtAmes, J.
The only evidence offered by the plaintiff, and excluded by the court, was the testimony of Morey as to a conversation between himself and the station agent at Gloucester. This evidence was offered for the purpose of showing that the defendant had been notified that the place where the accident afterwards happened was dangerous to children for want of a suitable fence, and had been requested to erect such a fence. It is unnecessary particularly to consider the competency of this evidence, because we are of opinion that, upon all the evidence offered at the trial, the jury would not have been…
2Cases cited1 opinion
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by45 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
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