Doherty v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on September 5, 1915, near the Stony Beach station on the Nantasket branch of the defendant’s railroad from being run into negligently by a train of the defendant when the plaintiff was alleged to have been a passenger of the defendant. Writ dated October 11, 1915. The defendant’s answer contained a general denial and an allegation that the plaintiff was guilty of negligence which contributed to his alleged injury.
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Tort for personal injuries sustained on September 5, 1915, near the Stony Beach station on the Nantasket branch of the defendant’s railroad from being run into negligently by a train of the defendant when the plaintiff was alleged to have been a passenger of the defendant. Writ dated October 11, 1915. The defendant’s answer contained a general denial and an allegation that the plaintiff was guilty of negligence which contributed to his alleged injury. In the Superior Court the case was tried before Brown, J. The evidence is described in the opinion. At the close of the evidence the defendant…
1Opinion of the CourtPierce, J.
On September 5, 1915, while crossing, or immediately upon leaving, the tracks of the electric railroad of the de*137fendant, the plaintiff was struck by and received physical injury from contact with the right hand running board or step of the first car of an electric train running from Nantasket Beach to Pemberton. The evidence would not warrant a ruling that the defendant had affirmatively proved that the plaintiff was not in the exercise of due care. Patrick v. Deziel, 223 Mass. 505, 508. Nye v. Louis K. Liggett Co. 224 Mass. 401, 404. Regan v. Boston & Maine Railroad, 224 Mass. 418. Murphy v.…
2Cases cited16 opinions
- Bullard v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
- Nye v. Louis K. Liggett Co.Massachusetts Supreme Judicial Court · 1916
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Creedon v. GalvinMassachusetts Supreme Judicial Court · 1917
- Wheelwright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Prondecka v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1924
- Hafey v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- McCarthy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
- Bruso v. Eastern States ExpositionMassachusetts Supreme Judicial Court · 1929
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