Brusseau v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under R. L. c. Ill, § 268, for the loss of life of the plaintiff’s intestate at a grade crossing of the defendant’s railroad on Sawyer Street in New Bedford, alleged to have been caused by the defendant’s failure to give the signals required by § 188 of the same chapter, a train of the defendant having decapitated the horse of the plaintiff’s intestate, broken his wagon and instantly billed the intestate, while he was attempting to drive over the crossing in a covered…
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Tort, under R. L. c. Ill, § 268, for the loss of life of the plaintiff’s intestate at a grade crossing of the defendant’s railroad on Sawyer Street in New Bedford, alleged to have been caused by the defendant’s failure to give the signals required by § 188 of the same chapter, a train of the defendant having decapitated the horse of the plaintiff’s intestate, broken his wagon and instantly billed the intestate, while he was attempting to drive over the crossing in a covered express wagon at 1.15 A. M. on Sunday, May 18, 1902. Writ dated June 21, 1902. At the trial in the Superior Court…
1Opinion of the CourtHammond, J.
The evidence as to whether the signals required by the statute were given was conflicting, but it cannot be said as matter of law that it did not justify the jury in finding for the plaintiff on that issue. See Dalton v. New York, New Haven, & Hartford Railroad, 184 Mass. 844, and cases cited; also McDonald v. New York Central & Hudson River Railroad, 186 Mass. 474. If the signals were not sounded, the jury under the circumstances might infer that the absence of them contributed to the injury. Doyle v. Boston & Albany Railroad, 145 Mass. 386.
The burden was upon the defendant to prove that the…
2Cases cited4 opinions
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- McDonald v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1904
- Emery v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
3Cited by17 opinions
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1933
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Klegerman v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
- Gaboriault v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
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