Bayley v. Eastern Railroad
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT. The first was for personal injuries to the plaintiff’s intestate, Stephen Bayley, occasioned by a collision with one of the defendant’s trains at a grade crossing of its railroad over Everett Avenue, in Chelsea. The second was for injuries to the plaintiff’s horse and wagon, while being driven by Bayley, his servant, from the same cause.
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Two ACTIONS OF TORT. The first was for personal injuries to the plaintiff’s intestate, Stephen Bayley, occasioned by a collision with one of the defendant’s trains at a grade crossing of its railroad over Everett Avenue, in Chelsea. The second was for injuries to the plaintiff’s horse and wagon, while being driven by Bayley, his servant, from the same cause. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the plaintiff in each case; • and the judge allowed a bill of exceptions, the material parts of which appear in the opinion.
1Opinion of the CourtSoule, J.
There was evidence in the case that the accident happened about eight o’clock in the evening of August 19,1876; that there was no moon, and it was pretty dark, though the dark ness had not fully set in; that the weather was fair; that the intestate, Bayley, was driving along a highway from which the road of the defendant was visible for about half a mile; that the highway approached the railroad at an angle of sixty degrees ; that Bayley was sitting in a covered wagon, about two feet back from the forward end of the covering, and was driving at a smart trot until he reached the immediate…
2Cases cited1 opinion
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Emery v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Conaty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
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