Menard v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Three actions OE tort. The first case was for personal injuries occasioned to the plaintiff, on September 5, 1887, by-being struck by a locomotive engine, while riding with her husband and daughter in • a carriage along a highway, at a crossing of the defendant’s railroad at grade in Beverly. The second and third cases were brought by the administrator of the husband and daughter against the defendant, for causing the death of his intestates in the same accident.
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Three actions OE tort. The first case was for personal injuries occasioned to the plaintiff, on September 5, 1887, by-being struck by a locomotive engine, while riding with her husband and daughter in • a carriage along a highway, at a crossing of the defendant’s railroad at grade in Beverly. The second and third cases were brought by the administrator of the husband and daughter against the defendant, for causing the death of his intestates in the same accident. The cases were tried together in the Superior Court, before Mason, J., who ordered a verdict in each case for the defendant, and…
1Opinion of the CourtKnowlton, J.
In each of these cases the second count of the declaration was drawn under the Pub. Sts. c. 112, § 213, to enforce the liability of the defendant for an omission to cause the bell of the engine to be rung, or the whistle to be sounded, at the distance of at least eighty rods from the crossing of the highway, and rung or sounded continuously or alternately until the engine had crossed the way, as required by § 163 of this chapter. The presiding justice ruled that there was no evidence of neglect to give these signals, and ordered a verdict for the defendant upon the second count in each of the…
2Cited by60 opinions
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Davis v. BoggsArizona Supreme Court · 1921
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
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