Fitzpatrick v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, a boy nine years old, by being struck by a car of the defendant. 'At the trial in this court, before Ames, J., it appeared that the tracks of the defendant’s railroad at the place of the accident were along a highway in that part of Boston formerly Charlestown.
Read the full summary
Tort for personal injuries occasioned to the plaintiff, a boy nine years old, by being struck by a car of the defendant. 'At the trial in this court, before Ames, J., it appeared that the tracks of the defendant’s railroad at the place of the accident were along a highway in that part of Boston formerly Charlestown. The plaintiff testified that he had been in the habit of collecting hay-seed, which fell upon the tracks from the defendant’s cars; that at the time of the accident he was alongside the track on his way home; that he saw the rear of a car, standing still, ahead of him upon the…
1Opinion of the Court
By the Court.
The testimony was competent to prove that the boy had been previously warned, and was therefore aware of the danger, as tending to show that he was not using due care at the time of the accident; and it does not appear to have been admitted for any other purpose.
Exceptions overruled.
2Cited by4 opinions
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Robbins v. Athol Gas & Electric Co.Massachusetts Supreme Judicial Court · 1920
- Craven v. Central Pacific RailroadCalifornia Supreme Court · 1887
- Frederickson v. Iowa Central Railway Co.Supreme Court of Iowa · 1912