Legal Opinion

Merrigan v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided June 27, 1891PublishedCited by 16 opinions

Two Actions OF TORT, for personal injuries occasioned to the plaintiffs by a collision at a crossing at grade of a highway by the defendant’s railroad in East Boston. The cases were tried together in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows.

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Two Actions OF TORT, for personal injuries occasioned to the plaintiffs by a collision at a crossing at grade of a highway by the defendant’s railroad in East Boston. The cases were tried together in the Superior Court, before Hammond, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that on Sunday afternoon, August 19,1888, at about two o’clock, the plaintiffs, who were husband and wife, were driving along Bennington Street in East Boston in a covered carriage, and were approaching from the west a crossing at grade of that highway, first by…

1Opinion of the CourtHolmes, J.

The first exception is to the admission of an order of the mayor and aldermen of Boston requesting the defendant to erect gates at the crossing where the accident occurred, coupled with evidence that gates were placed there about the time the order was communicated to the defendant. The second exception is to an instruction to the jury, that, if they found that the defendant acted or procured action upon the order, they might consider it as an admission by the defendant that the gates were reasonably necessary for the public security. The mere fact that the gates were there would not be such…

2Cases cited2 opinions

  1. Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
  2. Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891

3Cited by16 opinions

  1. Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
  2. Koch v. Southern California Ry. Co.California Supreme Court · 1906
  3. Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
  4. Ellis v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
  5. McClain v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1913

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