Granger v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Two actions OP tort, by the administrators of the estates of Frederick W. Granger and of Frederick Murray, for causing their death. The second count of the declaration in each case, which alone need be stated, alleged that the intestates, while in the exercise of due care and not passengers or in the defendant’s employment, were killed at a crossing of the defendant’s railroad through the negligence of the defendant. Answer in each case, a general denial.
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Two actions OP tort, by the administrators of the estates of Frederick W. Granger and of Frederick Murray, for causing their death. The second count of the declaration in each case, which alone need be stated, alleged that the intestates, while in the exercise of due care and not passengers or in the defendant’s employment, were killed at a crossing of the defendant’s railroad through the negligence of the defendant. Answer in each case, a general denial. The cases were tried together in the Superior Court, before Thompson, J., who allowed a bill of exceptions, which, so far as material, was…
1Opinion of the CourtMorton, C. J.
In each of these cases the undisputed evidence shows that the plaintiff’s intestate was guilty of negligence which contributed to his injury. The accident happened at a grade crossing, each plaintiff’s intestate being struck by a passenger express train running on its usual time. It appeared that before they had reached the track the defendant’s gate-man had lowered the gates, with signal lanterns attached, across the travelled part of the highway, and the only conclusion which can be reached from the evidence is that the parties injured saw that they were lowered.
Railroads, from the…
2Cited by16 opinions
- Boyd v. National Railroad Passenger Corp.Massachusetts Supreme Judicial Court · 2006
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Gannett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1921
- Sylvia v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1936
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