Berard v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries. Trial in the Superior Court before Stevens, J., who, at the request of the defendant, directed the jury to return a verdict for the defendant on the ground that there was no evidence of a physical injury to the plaintiff except that caused by fright, and reported the case for the determination of this court. If the ruling, as matter of law, was correct, then the verdict was to stand; otherwise, there was to be a new trial.
1Opinion of the CourtHammond, J.
On this report the only question before us is whether the evidence would justify a finding by the jury that *180any physical injury except that caused by fright was done to the plaintiff.
The plaintiff was driving in a “ low down ” milk wagon across a grade crossing on a public street in Worcester, when the horse which he was driving was struck by a rapidly moving railroad train and killed, and the wagon demolished. The plaintiff and his son saved themselves by jumping from the wagon when the train was close to the horse. The plaintiff landed upon his feet, and he was not hit by the train. He…
2Cases cited4 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Buchanan v. West Jersey RailroadSupreme Court of New Jersey · 1890
3Cited by11 opinions
- Hunnewell's CaseMassachusetts Supreme Judicial Court · 1915
- Driscoll v. GaffeyMassachusetts Supreme Judicial Court · 1910
- Conley v. United Drug Co.Massachusetts Supreme Judicial Court · 1914
- Steverman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Freedman v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1938
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