Torrey v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, a passenger on the defendant’s cars. Trial before Brigham, C. J., who allowed a bill of exceptions, which, so far as material, was as follows.
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Tort for personal injuries sustained by the plaintiff, a passenger on the defendant’s cars. Trial before Brigham, C. J., who allowed a bill of exceptions, which, so far as material, was as follows. The plaintiff testified, that on March 27,1887, at about a quarter past ten in the evening, he came to the Boston and Albany Railroad station in Westfield, to accompany, for a portion of her journey, a relative, who was to leave for her home in Ohio on a train due to arrive from the East at about that hour. He bought a ticket, boarded the train, and took a seat. Afterwards, and before the train…
1Opinion of the CourtW. Allen, J.
The only exception properly taken, and the only one which has been argued, is to the instructions given in reference to the plaintiff’s testimony that he was thrown down by the starting of the train when he was upon the platform of the car. The instruction was, in substance, that if he was unnecessarily or improperly there, knowing that the train was about to start, and was thrown down by the starting of the engine, with no unusual or unnecessary jerk, he could not recover. The instruction was sufficiently favorable to the plaintiff. Hickey v. Boston & Lowell Railroad, 14 Allen, 429. Gavett…
2Cases cited2 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Bates v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Coleman v. . Second Ave. R.R. Co.New York Court of Appeals · 1889
- Shaughnessy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- Friend v. Boston & Maine RailroadMassachusetts District Court, Appellate Division · 1948
1 more not listed; retrieve them via the Exa API.