Miner v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, for the killing of the plaintiff’s horse, and for injuries to her wagon and harness. At the trial in the Superior Court, before Dewey, J., there was evidence that the defendant’s freight yard in Springfield extended from its freight station to an embankment wall which enclosed a highway passing under the tracks, and supported a railroad bridge ; that the top of this wall was at the same grade as the yard, and was unguarded by any railing; that the freight cars in the…
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Tort, for the killing of the plaintiff’s horse, and for injuries to her wagon and harness. At the trial in the Superior Court, before Dewey, J., there was evidence that the defendant’s freight yard in Springfield extended from its freight station to an embankment wall which enclosed a highway passing under the tracks, and supported a railroad bridge ; that the top of this wall was at the same grade as the yard, and was unguarded by any railing; that the freight cars in the yard were being constantly distributed about the various tracks and made up into trains ; that the defendant used this…
1Opinion of the CourtC. Allen, J.
Under the instructions which were given to the jury, they must have found that Gourley was rightfully in the *402defendant’s freight yard, upon the implied invitation of the defendant ; that the defendant was negligent in failing to provide a suitable place for the delivery of freight, or in failing to manage its business there properly; and that Gourley was in the exercise of reasonable care in going there, and in what he did while there. These questions were properly submitted to the jury.
The principal point raised by the bill of exceptions is, whether the defendant was entitled to have an…
2Cases cited5 opinions
- Mellor v. Merchants' Manufacturing Co.Massachusetts Supreme Judicial Court · 1890
- Lewis v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Wood v. LockeMassachusetts Supreme Judicial Court · 1888
- Boyle v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- Harwood v. Inhabitants of OakhamMassachusetts Supreme Judicial Court · 1890
3Cited by57 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Riley v. DAVISON CONSTRUCTION CO., INC.Massachusetts Supreme Judicial Court · 1980
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