Allyn v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by a train of the defendants coming into collision with a wagon in which he was being driven, at a crossing of the railroad and a highway in Becket. Trial in the superior court, before Wilkinson, J., and verdict for the plaintiff. The defendants alleged exceptions. The case is stated in the opinion.
1Opinion of the Court
Morton, J.*
The rules of law which must govern this case are well settled. The plaintiff is required to prove not only that the defendants were negligent, but also that his own negligence did not in any degree contribute to his injury. The burden is upon him to show affirmatively that he was in the exercise of due care. Warren v. Fitchburg Railroad Co. 8 Allen, 227. Hickey v. Boston & Lowell Railroad Co. 14 Allen, 429. Murphy v. Deane, 101 Mass. 455. The question of due care is generally for the jury to determine; but where the uncontroverted facts in a case show negligence on the part of the…
2Cases cited3 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
- Baxter v. . the Troy and Boston Railroad Co.New York Court of Appeals · 1869
3Cited by49 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Clarke v. Connecticut Co.Supreme Court of Connecticut · 1910
44 more not listed; retrieve them via the Exa API.