Carlson v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being struck by one of the defendant’s cars. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff by being struck by one of the defendant’s cars. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. The evidence tended to show that the defendant’s cars, while running from Chelsea to Lynn, passed upon a highway laid out over the marshes; that upon a portion of the highway the defendant’s tracks were on the- left hand side of the road as one proceeds towards Lynn ; that about two hundred feet before reaching that part of the turnpike which bridges a creek, being the same' in its…
1Opinion of the CourtField, C. J.
The single exception is to the refusal of the presiding justice to rule that the plaintiff could not recover. *394The counsel for the defendant in his argument before this court concedes that the evidence warranted the jury in finding negligence on the part of the defendant, but he contends that there was not sufficient evidence to warrant the jury in finding that the plaintiff was in the exercise of due care. There was evidence that the plaintiff was walking in the only path or walk in the highway which was intended for travellers on foot, and which it was customary for people to walk in; that…
2Cited by2 opinions
- Brereton v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Jordan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905