Commonwealth v. Killian
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 63, § 107, averring that the defendant at West Roxbury in the county of Norfolk, on September 18, 1871, with force and arms, “ feloniously, wilfully and maliciously the engine and carriages of the property of the Boston and Providence Railroad Corporation, then and there lawfully passing over and along the railroad of said corporation, there located and situate, did obstruct, by then and there pulling the signal rope attached to and connected…
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Indictment on the Gen. Sts. c. 63, § 107, averring that the defendant at West Roxbury in the county of Norfolk, on September 18, 1871, with force and arms, “ feloniously, wilfully and maliciously the engine and carriages of the property of the Boston and Providence Railroad Corporation, then and there lawfully passing over and along the railroad of said corporation, there located and situate, did obstruct, by then and there pulling the signal rope attached to and connected with the bell in and upon the said engine, by reason whereof the said engine and carriages were then and there caused to…
1Opinion of the CourtColt, J.
Punishment is provided by the Gen. Sts. c. 63, § 107, for whoever “ obstructs any engine or carriage passing upon a railroad, or endangers the safety of persons conveyed in or upon the same, or aids or assists therein.” The defendant is indicted for obstructing a train of cars by pulling the signal rope attached to a bell upon the engine, whereby the train was stopped and the safety of passengers endangered. There was evidence at the trial, that the defendant was a passenger at the time of committing the offence charged, and that pulling the bell-rope was ordinarily used as a danger signal,…
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