Dixon v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on May 22, 1906, in a freight yard of the defendant in Fall River called the Watuppa freight yard, the first count alleging that while the plaintiff was in the exercise of due care the defendant by its servants and agents negligently ran a steam engine upon him, and the second count, afterwards added by amendment, alleging that while the plaintiff was in the exercise of due care the defendant by its agents and servants recklessly and…
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Tort for personal injuries sustained on May 22, 1906, in a freight yard of the defendant in Fall River called the Watuppa freight yard, the first count alleging that while the plaintiff was in the exercise of due care the defendant by its servants and agents negligently ran a steam engine upon him, and the second count, afterwards added by amendment, alleging that while the plaintiff was in the exercise of due care the defendant by its agents and servants recklessly and wantonly and with a gross disregard of the plaintiff’s safety ran a steam engine upon him. Writ dated June 3, 1907. In the…
1Opinion of the CourtSheldon, J.
The jury could find on the evidence that Coombs was in a position of imminent peril, struggling to restrain a plunging horse upon or close to a track of the defendant- upon which a train was approaching, and that the plaintiff came to his assistance for the purpose of rescuing him from the peril. The contention of the defendant that Coombs was endeavoring merely to save his master’s property and that the plaintiff went upon the track for the sole purpose of assisting Coombs in this effort was for the jury to determine. It was not necessarily and as matter of law a trespass or a negligent act…
2Cases cited22 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Commonwealth v. LevesqueMassachusetts Supreme Judicial Court · 2002
- Edgarton v. H. P. Welch Co.Massachusetts Supreme Judicial Court · 1947
- French v. ChaseWashington Supreme Court · 1956
23 more not listed; retrieve them via the Exa API.