Clark v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, by being struck by a train at the crossing at grade of a highway by the defendant’s railroad in Northampton, through the alleged negligence of the defendant. 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, by being struck by a train at the crossing at grade of a highway by the defendant’s railroad in Northampton, through the alleged negligence of the defendant. Trial in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. The plaintiff contended that the defendant was negligent because the gates at the crossing were not closed when a train was about to cross the highway, because the engineer gave no seasonable warning signals, because the gate-keeper nodded to him, which he took to be an…
1Opinion of the CourtMorton, J.
The instruction requested by the defendant, that if the plaintiff, without stopping to look or listen, approached the crossing at a trot, with a heavy load, on a highway descending for more than a hundred feet from the tracks, he would be negligent even if the gates were up, was properly refused.
A railroad crossing is a place of danger, and a traveller approaching one is bound to exercise that degree of care which the dangerous character of the place requires of a person of ordinary prudence. But there is no absolute rule of law which obliges him under all circumstances to stop to look and…
2Cases cited4 opinions
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Connolly v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by21 opinions
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1925
- Allen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Chase v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1897
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