Legal Opinion

Farnon v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided January 1, 1902PublishedCited by 5 opinions

Tort by a passenger on an excursion train of the defendant, for having his fingers crushed between the bumpers of the platforms of two cars when thrown down by the jar from a sudden backing of the train. Writ dated September 25,1899. At the trial in the Superior Court, before Graskill, J., the facts appeared in evidence which are stated in the opinion of the court.

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Tort by a passenger on an excursion train of the defendant, for having his fingers crushed between the bumpers of the platforms of two cars when thrown down by the jar from a sudden backing of the train. Writ dated September 25,1899. At the trial in the Superior Court, before Graskill, J., the facts appeared in evidence which are stated in the opinion of the court. The plaintiff described the accident as follows: That when the train was on a steep up grade it stopped; that the plaintiff “ waited for a few seconds, then everybody moved to the platform to see what was the matter; that he moved…

1Opinion of the CourtLoring, J.

While the plaintiff was a passenger on an excursion train of the defendant railroad, his fingers were caught between the bumpers of the seventh and eighth cars from the rear end of the train, and were held there for twenty seconds, while the train was backing. He put in evidence showing that he was standing just within the threshold of the forward door of the car in question and was thrown forward on to his hands by the train backing violently, and that when he fell his hand was on the edge of the platform and his fingers were caught between -the bumper of that platform and that of the car in…

2Cited by5 opinions

  1. Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  2. Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
  3. Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
  4. Baltimore Transit Co. v. Sun Cab Co.Court of Appeals of Maryland · 1956
  5. Young v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1913

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