Dillon v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Martin Dacey, for causing his death. Trial in the Superior Court, before Mason, C. J., who, after a verdict for the defendant, allowed exceptions, which, so far as material to the point decided, appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action, under the Pub. Sts. c. 112, § 212, for causing the death of the plaintiff’s intestate, Dacey. Dacey was killed by a train running off the track while he was in a water-closet, which there was evidence tending to show to have been built without right within the defendant’s location. The jury were instructed that, if Dacey was a trespasser, the defendant owed him no duty beyond abstaining from reckless or wanton conduct toward him. The jury found for the defendant ; and the plaintiff excepted. If Dacey had been on the defendant’s track, there is no question that the ruling…
2Cases cited2 opinions
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- McCreary v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Prondecka v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
- Corrado v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1956
- Illinois Central R. R. v. Watson's Admr.Court of Appeals of Kentucky · 1904
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