Darling v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for the killing of a horse. The declaration contained two counts. The first count alleged that the horse got upon the defendant’s railroad from a highway, through the defendant’s failure to maintain a suitable barrier or cattle-guard to prevent the entrance of beasts upon the railroad. The second count alleged that the defendant corporation, with its locomotive en gine and cars, wilfully, wantonly and maliciously chased, drove against and killed the horse.
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Tort for the killing of a horse. The declaration contained two counts. The first count alleged that the horse got upon the defendant’s railroad from a highway, through the defendant’s failure to maintain a suitable barrier or cattle-guard to prevent the entrance of beasts upon the railroad. The second count alleged that the defendant corporation, with its locomotive en gine and cars, wilfully, wantonly and maliciously chased, drove against and killed the horse. Trial in the Superior Court, before Adrich, J., who allowed a bill of exceptions in substance as follows: Upon the first count, the…
1Opinion of the CourtGray, C. J.
The jury should have been instructed to return a verdict for the defendant. The horse, being an estray unlawfully at large on the highway, was a trespasser on the defendant’s railroad, and the defendant owed no duty to the plaintiffs, and was not liable to them, either for a neglect to maintain the fences required by law, or for the striking of the horse by the engine, unless there was reckless and wanton misconduct on the part of those employed in the management of the train. There was no proof of such misconduct. The evidence, viewed as favorably as possible for the plaintiffs, merely…
2Cases cited3 opinions
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- Maynard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1874
- McDonnell v. Pittsfield & North Adams RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by19 opinions
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- New York Cent. & H. R. R. v. PriceCourt of Appeals for the First Circuit · 1908
- Walker v. NickersonMassachusetts Supreme Judicial Court · 1935
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
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