Fletcher v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by being struck by a locomotive engine belonging to the defendant, at a highway crossing in Ayer.
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Tort for personal injuries occasioned to the plaintiff by being struck by a locomotive engine belonging to the defendant, at a highway crossing in Ayer. The first count of the declaration was as follows: “ And the plaintiff says that the defendant is a corporation, owning and running a railroad between the city of Boston and the city of Fitchburg; that while driving his team on the highway at a crossing known as Flanagan’s on said railroad in the town of Ayer, in the exercise of due and ordinary care, the defendant, by its agents and servants, and by reason of the insufficient guard and…
1Opinion of the CourtKnowlton, J.
The only important question in this case is whether there was any evidence that the plaintiff, at the time of the accident, was in the exercise of ordinary care.
' Certain facts are undisputed. The plaintiff was on the south side of the railroad, driving a four-house team northward, going for a load of sand. There were two main tracks on the railroad at the crossing of the highway, and two side-tracks, one north and the other south of the main tracks. The distance between adjacent tracks was about six and a half or seven feet. On the south side of the railroad, and on the east side of the…
2Cases cited14 opinions
- Cincinnati, Hamilton & Indianapolis Railroad v. ButlerIndiana Supreme Court · 1885
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- George v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
23 more not listed; retrieve them via the Exa API.