Gray v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff on April 24, 1894, while entering the defendant’s station in Boston for the purpose of becoming a passenger on one of its trains, by the alleged negligence of the defendant in the management of the entrance to the station. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff on April 24, 1894, while entering the defendant’s station in Boston for the purpose of becoming a passenger on one of its trains, by the alleged negligence of the defendant in the management of the entrance to the station. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence that, in going to the station of the defendant, the plaintiff entered through a porch which was connected with one of the entrances of the station and was about twelve and a half feet wide…
1Opinion of the CourtAllen, J.
The defendant contends that there was no evidence that it failed to use reasonable care in the management of the passage. This passage or corridor was a general entrance for passengers and others who were within the implied invitation of the defendant to enter the station ; and it was the defendant’s duty to use reasonable care to keep it safe for them. The trouble came, not from the unexpected act of a stranger, but from the act of one of the defendant’s servants, in ejecting a drunken man." The defendant suggests that the danger of injury of this kind was so remote and improbable that it…
2Cases cited1 opinion
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
3Cited by8 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Sharpe v. Peter Pan Bus Lines, Inc.Massachusetts Supreme Judicial Court · 1988
- Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937
- Thayer v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Feeney v. MehlingerSupreme Court of Minnesota · 1917
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