Taft v. New York, Providence, & Boston Railroad
Massachusetts Supreme Judicial Court
Tort for causing the death of the plaintiff’s horse, Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The defendant’s tracks ran north and south through the plaintiff’s farm in Uxbridge. A few rods west of the tracks a highway ran parallel with the railroad, and just west of the highway were the plaintiff’s house and barn.
Read the full summary
Tort for causing the death of the plaintiff’s horse, Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The defendant’s tracks ran north and south through the plaintiff’s farm in Uxbridge. A few rods west of the tracks a highway ran parallel with the railroad, and just west of the highway were the plaintiff’s house and barn. A private road or passageway led from a point in the highway opposite the plaintiff's house easterly across the railroad. This was formerly a town road, and had been abandoned as such in 1847. The plaintiff owned…
1Opinion of the CourtKnowlton, J.
The trial seems to have proceeded on an assumption by both parties that the defendant was bound to erect and maintain fences on the sides of its railroad, in accordance with the provisions of the Pub. Sts. c. 112, § 115, which were first enacted in the St. of 1846, c. 271; and such an assumption was warranted by the facts stated in the bill of exceptions.
The gates on the sides of the railroad at the plaintiff’s private crossing were put in by the railroad company ten or twelve years ago, and the evidence offered to show that bars had previously been used there instead of gates was immaterial.…
2Cases cited6 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Perry v. Dubuque Southwestern Ry. Co.Supreme Court of Iowa · 1872
- Hammond v. C. & N. W. R.Supreme Court of Iowa · 1876
- Toledo, Wabash, & Western Railway Co. v. CohenIndiana Supreme Court · 1873
- Towne v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Snodgrass v. Spokane & Inland Empire RailroadWashington Supreme Court · 1915