Woodman v. Metropolitan Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix with the will annexed of Sir Moses D. Perkins, for personal injuries sustained by him, through the alleged negligence of the defendant while crossing Adams Square in Boston. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, which so far as material was as follows. There was evidence tending to show the following facts.
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Tort by the administratrix with the will annexed of Sir Moses D. Perkins, for personal injuries sustained by him, through the alleged negligence of the defendant while crossing Adams Square in Boston. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, which so far as material was as follows. There was evidence tending to show the following facts. Perkins was injured on October 15, 1885, at about half-past six o’clock in the afternoon, at which time it was dark, the sun on that day having set at two minutes past five o’clock. On that date the defendant was…
1Opinion of the CourtHolmes, J.
The plaintiff’s testator was injured by a fall in the street. He was seen' to fall, and was picked up senseless at a point where some rails projected beyond a temporary barrier enclosing a place where the defendant was having a track laid. There was no evidence of any other possible cause of the fall. This warranted a finding that he tripped over the end of the rails.
The street was a public highway, and the jury very properly might find that it was negligent to allow the ends of the rails to project beyond the barrier, especially if they believed that it was dark at the place, as one witness…
2Cases cited19 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Water Co. v. WareSupreme Court of the United States · 1873
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- City of Logansport v. DickIndiana Supreme Court · 1880
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3Cited by82 opinions
- International Harvester Co. v. SartainCourt of Appeals of Tennessee · 1948
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
- McHarge v. M. M. Newcomer & Co.Tennessee Supreme Court · 1906
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
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