McCreary v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Elisha McCreary, for causing his death upon the Eastern Division of the defendant’s railroad. Writ dated October 24,1889. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the points decided, is as follows.
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Tort, by the administratrix of the estate of Elisha McCreary, for causing his death upon the Eastern Division of the defendant’s railroad. Writ dated October 24,1889. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, which, so far as material to the points decided, is as follows. The intestate, while in the act of crossing the defendant’s railroad at the Eastern Avenue crossing, so called, in Swampscott, fell down between the rails in an epileptic fit, and was run over and instantly killed by an express passenger train of the defendant. The travelled way…
1Opinion of the CourtC. Allen, J.
If the plaintiff’s intestate was on the defendant’s track without right, the action is not maintainable, unless there was wilful or reckless misconduct on the part of the defendant, or of its agents. Wright v. Boston & Albany Railroad, 142 Mass. 296, 301, and 129 Mass. 440. The plaintiff contended that at the point where her intestate was killed the public had acquired, by prescription, the right to cross the tracks of the defendant. The defendant requested the court to rule that there was no evidence which would authorize the jury to find that he was rightfully upon the track. The court…
2Cases cited11 opinions
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Brightman v. EddyMassachusetts Supreme Judicial Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Stowell v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Pennsylvania Rd. Co. v. DonovanOhio Supreme Court · 1924
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
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