Snow v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, by being struck by a mail-bag thrown by a mail-agent in the employ of the United States, from a mail-car belonging to the defendant on one of its trains. Trial in the Superior Court, without a jury, before Staples, J., who found for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtColburn, J.
The plaintiff was a passenger on the railroad of the defendant, and properly on the platform at the station, waiting to make a necessary change from one train to another. There is no claim that she was in an improper place, or in any way wanting in due care. The plaintiff sustaining this relation to the defendant, and being in this pláce, the defendant was bound to exercise towards her such care and diligence as could reasonably be exercised to protect her from such injuries as human foresight could anticipate and prevent.
The defendant voluntarily furnished a car to run on its express train,…
2Cited by20 opinions
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Galloway v. Chicago, M. & St. P. Ry. Co.Supreme Court of Minnesota · 1894
- Bell v. Houston & S. R.Supreme Court of Louisiana · 1913
- Mangum v. North Carolina RailroadSupreme Court of North Carolina · 1907
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
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