Cody v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to tbe plaintiff by jumping from a train just before a collision upon the defendant’s railroad, in December, 1887. At the trial in the Superior Court, before Lathrop, J., it was conceded by the defendant that the collision resulted from negligence on the part of its servants, and the only question was whether the plaintiff was in the exercise of due care or guilty of contributory negligence.
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Tort for personal injuries occasioned to tbe plaintiff by jumping from a train just before a collision upon the defendant’s railroad, in December, 1887. At the trial in the Superior Court, before Lathrop, J., it was conceded by the defendant that the collision resulted from negligence on the part of its servants, and the only question was whether the plaintiff was in the exercise of due care or guilty of contributory negligence. There was evidence tending to prove the following facts. The defendant’s railroad at the place of the collision was a branch road consisting of a single track only;…
1Opinion of the CourtDevens, J.
It was admitted that the collision between the train on which the plaintiff was a passenger and another train coming in the opposite direction occurred through the negli*468gence of the defendant’s servants. The question for the jury was only whether the plaintiff was himself in the exercise of due care, or was guilty of negligence which contributed to his injury. The plaintiff had taken his seat in the after compartment of the combination car which was appropriated to smokers, the forward compartment being used for baggage, and was reading his paper when the train started. He did not at first…
2Cases cited5 opinions
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Bates v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888
- Worthen v. Grand Trunk RailwayMassachusetts Supreme Judicial Court · 1878
- Sears v. Inhabitants of DennisMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Lemay v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Steverman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Gannon v. New York, New Haven, and Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Tozier v. Haverhill & Amesbury Street Railway Co.Massachusetts Supreme Judicial Court · 1905
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