Brow v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff in Worcester, at a grade crossing which from the north toward the south crossed successively the tracks of the Boston and Albany Railroad, the New York and New England Railroad, Worcester Division, and the New York, Providence, and Boston Railroad, Worcester Division. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows.
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Tort for personal injuries occasioned to the plaintiff in Worcester, at a grade crossing which from the north toward the south crossed successively the tracks of the Boston and Albany Railroad, the New York and New England Railroad, Worcester Division, and the New York, Providence, and Boston Railroad, Worcester Division. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The plaintiff offered to show the following facts. The three railroads named, leaving the Union Station westwardly, after crossing one or two other streets at grade,…
1Opinion of the CourtField, C. J.
It would have been competent for the jury to find, on the facts recited in the exceptions, that there was a contract between the railroads that the Boston and Albany Railroad Company should furnish a gateman, who should raise and lower the gates for each of the railroads at the crossing, and that the gateman actually employed was employed by the Boston and Albany Railroad Company for this purpose. It is argued that such a contract would be ultra vires. But when the tracks of different railroad corporations are on one road-bed, and are crossed at grade by a highway, and gates are required, it…
2Cases cited1 opinion
- Hutchinson v. Western & Atlantic RailroadTennessee Supreme Court · 1871
3Cited by13 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Goodman v. WilsonTennessee Supreme Court · 1914
- Sun Cab Co. v. PowellCourt of Appeals of Maryland · 1951
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
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