Legal Opinion
Owen v. Meserve
Massachusetts Supreme Judicial Court
Decided August 5, 1980PublishedCited by 9 opinions
1Opinion of the CourtBraucher, J.
On June 1, 1971, the plaintiff’s intestate, a fifteen year old boy, was struck and killed by a passenger train of the defendants, trustees of the Boston and Maine Corporation (railroad). A verdict has been directed for the defendants in the plaintiff’s action for wrongful death by virtue of a provision in G. L. c. 229, § 2, as amended through St. 1967, c. 666, § 1: “a person operating a railroad shall not be liable for negligence in causing the death of a person while walking or being upon such railroad contrary to law or to the reasonable rules and regulations of the carrier.” The plaintiff…
2Cases cited16 opinions
- Harris v. McRaeSupreme Court of the United States · 1980
- Pinnick v. ClearyMassachusetts Supreme Judicial Court · 1971
- Gaudette v. WebbMassachusetts Supreme Judicial Court · 1972
- Paro v. Longwood HospitalMassachusetts Supreme Judicial Court · 1977
- Pridgen v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1974
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hallett v. Town of WrenthamMassachusetts Supreme Judicial Court · 1986
- Heinrich Ex Rel. Heinrich v. SweetDistrict Court, D. Massachusetts · 2000
- Beausoleil v. Massachusetts Bay Transportation AuthorityDistrict Court, D. Massachusetts · 2001
- McConville v. Massachusetts Bay Transportation AuthorityDistrict Court, D. Massachusetts · 1994
- Boyd v. National Railroad Passenger Corp.Massachusetts Appeals Court · 2005
4 more not listed; retrieve them via the Exa API.