Webster v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 112, § 212, by the administratrix of William Webster, for causing his death. Trial in the Superior Court, before Maynard, J., who ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged excep ions, in substance as follows.
Read the full summary
Tort, under Pub. Sts. c. 112, § 212, by the administratrix of William Webster, for causing his death. Trial in the Superior Court, before Maynard, J., who ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged excep ions, in substance as follows. The intestate lived in Somerville, and was in the daily habit of taking the 8.40 A. M. train at the Union Square station of the defendant’s railroad for Boston, On the morning of December 12, 1889, while the 8.40 train was standing at the station receiving passengers, the intestate…
1Opinion of the CourtKnowlton, J.
At the trial the plaintiff relied solely on her count under Pub. Sts. c. 112, § 212, in which she alleged that her intestate was a passenger on the defendant’s railroad, and the only question in the case is whether there was evidence to warrant the jury in finding that he was a passenger. He had in his pocket a ten-trip ticket, which entitled him to ride over the defendant’s railroad between Boston and the station in Somerville where the accident happened, and immediately before he was struck and killed he was running very rapidly from the direction of the public street across the defendant’s…
2Cases cited4 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by48 opinions
- Chicago & Eastern Illinois Railroad v. JenningsIllinois Supreme Court · 1901
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1897
- Head v. MortonMassachusetts Supreme Judicial Court · 1939
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Citizens Street Railroad v. JollyIndiana Supreme Court · 1903
43 more not listed; retrieve them via the Exa API.