Farmer v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for damage to the plaintiff’s automobile from running into a flat freight car standing on a grade crossing of the defendant’s railroad with a public highway known as the Worcester Road near the defendant’s station at South Sudbury on November 6, 1911. Writ dated January 18, 1912. In the Superior Court the case was tried before White, J., who, at the close of the plaintiff’s evidence, which is described in the opinion, ordered a verdict for the defendant.
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Tort for damage to the plaintiff’s automobile from running into a flat freight car standing on a grade crossing of the defendant’s railroad with a public highway known as the Worcester Road near the defendant’s station at South Sudbury on November 6, 1911. Writ dated January 18, 1912. In the Superior Court the case was tried before White, J., who, at the close of the plaintiff’s evidence, which is described in the opinion, ordered a verdict for the defendant. The plaintiff alleged exceptions, including certain exceptions to the exclusion of evidence, the character of which is explained in the…
1Opinion of the CourtBraley, J.
If, without deciding, it is assumed that the jury
could have found that the defendant was negligent, the plaintiff failed to show that his own conduct was free from fault. The night was dark and rainy when he drove his automobile at high speed over a country road, which for a considerable distance ran straight before him, he reached the point where the railroad crossed the highway at grade, and the car came into collision with the rear end of a freight train standing partially within the roadway. It is undisputed, that from previous use he was thoroughly familiar with the route and aware that…
2Cases cited3 opinions
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Williams v. HolbrookMassachusetts Supreme Judicial Court · 1913
- Lucarelli v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by8 opinions
- Zickefoose v. ThompsonSupreme Court of Missouri · 1941
- Scott v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1928
- Witherly v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1932
- Tennessee Central Railway Co. v. SchuttCourt of Appeals of Tennessee · 1926
- Fogg v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1916
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