Wright v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: There was evidence on the part of the plaintiff tending to prove the following facts: On October 13, 1882, the plaintiff, being then between six and seven years of age, while going to school and crossing the track of the defendant’s railroad in…
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows: There was evidence on the part of the plaintiff tending to prove the following facts: On October 13, 1882, the plaintiff, being then between six and seven years of age, while going to school and crossing the track of the defendant’s railroad in Natick, received the injuries complained of. At the time of the injury, the plaintiff had entered upon said track from…
1Opinion of the CourtField, J.
We assume, in favor of the plaintiff, that a private or public right of way across a railroad may be acquired by prescription, since the passage of the Pub. Sts. c. 112, § 195, and the acts of the Legislature of which this section is a reenactment. St. 1874, c. 372, § 148. Gen. Sts. c. 63, § 102. St. 1853, c. 414, § 4. See Gay v. Boston Albany Railroad, 141 Mass. 407.
*300We assume, too, that if the plaintiff was invited to cross the track where she crossed it, she cannot be said to have been upon the track without right, within the meaning of the St. of 1874, e. 372, § 148 ; and that there was…
2Cases cited5 opinions
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
- Murphy v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Read v. StewartMassachusetts Supreme Judicial Court · 1880
- Gay v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by36 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Jonosky v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
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