Stewart v. Boston & Providence Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by being thrown from a car of the defendant. Trial in the Superior Court, before Pitman, J., who ordered a verdict for the defendant, and reported the case for the determination of this court, in substance as follows.
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Tort for personal injuries sustained by the plaintiff by being thrown from a car of the defendant. Trial in the Superior Court, before Pitman, J., who ordered a verdict for the defendant, and reported the case for the determination of this court, in substance as follows. The plaintiff testified that he lived on the line of the defendant’s railroad, and that on the afternoon of December 15, 1885, instead of taking a train that stopped at his station, as he intended, he entered another train by mistake; that after the train had started, the conductor, on looking at his ticket, told him that the…
1Opinion of the CourtMorton, C. J.
The plaintiff took the wrong train through his own fault. After the train had started, the conductor discovered this, and informed the plaintiff that he could not stop at the point to which he wished to go, but that, by taking one of the two rear cars, he could get off at a station beyond, and return to his destination at a later hour. _ This was not a command or direction by the conductor that the plaintiff should go from the car he was in to the rear ear, which justified him in doing so at the risk of the defendant. In going from one car to another of a rapidly moving train, merely for his…
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