Menut v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries. Writ dated June 3, 1909. The declaration was in substance as follows: “ And the plaintiff says that the defendant is a corporation owning and operating a railroad in Lynn . . .; that it is the duty of said defendant, and said defendant is required by R. L. c.
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Tort for personal injuries. Writ dated June 3, 1909. The declaration was in substance as follows: “ And the plaintiff says that the defendant is a corporation owning and operating a railroad in Lynn . . .; that it is the duty of said defendant, and said defendant is required by R. L. c. Ill, § 120,.to ‘ erect and maintain suitable fences, with convenient bars, gates or openings therein, upon both sides of the entire length of its railroad except at the crossings of a public way or in places where the convenient use of the road would be thereby obstructed, and except at places where, and so…
1Opinion of the CourtBraley, J.
The plaintiff, having no cause of action at common law, seeks to hold the defendant in damages for personal injuries caused by a failure to comply with R. L. c. Ill, § 120, that “ every railroad corporation shall erect and maintain suitable fences, with convenient bars, gates or openings therein, upon both sides of the entire length of its railroad, except at the crossings of a public way or in places where the convenient use of the road would be thereby obstructed, and except at places where, and so long as, it is specially exempted from the duty of so doing by the board ” of county…
2Cases cited35 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
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3Cited by19 opinions
- Circle Lounge & Grille, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1949
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Dicaprio v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Figone v. GuistiCalifornia Court of Appeal · 1919
14 more not listed; retrieve them via the Exa API.