Powers v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while riding upon a freight train upon the defendant’s railroad. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show the following facts.
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Tort, for personal injuries received by the plaintiff while riding upon a freight train upon the defendant’s railroad. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show the following facts. The plaintiff bad formerly been employed by the defendant as a freight brakeman and conductor, but had left its employment in August, 1888. On December 14, 1888, he was in Northampton for the purpose of getting work, if he could, on a freight train, of which one Porter was the conductor, on the Central Massachusetts division of the defendant’s railroad. The train…
1Opinion of the Court
By the Court.
The following opinion was prepared by Mr. Justice Devens, and was adopted as the opinion of the court after his death by the Justices who sat with him at the argument.
It is contended by the plaintiff that he was a passenger on the defendant’s railroad, and entitled to all the rights of one. That he did not expect or intend to pay any fare as such, and that the conductor of the freight train into which he went did not demand or intend to demand fare, appears reasonably clear. This, however, would not be decisive, if he was riding where he was, when the injury happened, by the…
2Cases cited3 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
3Cited by25 opinions
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Foster-Herbert Cut Stone Co. v. PughTennessee Supreme Court · 1905
- Purple v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1902
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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