Favor v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for damage caused to the plaintiff while passing along a highway under a railroad bridge, by his horse taking fright at the noise made by cars upon the bridge.
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Tort for damage caused to the plaintiff while passing along a highway under a railroad bridge, by his horse taking fright at the noise made by cars upon the bridge. At the trial in the Superior Court, before Allen, J., the plaintiff’s counsel, in opening the case to the jury, stated that he should rely upon proof that the defendants’ track crossed, by a bridge, over a public way called Gorham Street, in the city of Lowell; that this street was a much travelled and frequented thoroughfare ; that all the travel passed under the bridge and track; that travellers approaching the bridge could not…
1Opinion of the CourtEndicott, J.
Much of the evidence offered by the plaintiff was clearly incompetent, but the real question reported for de cisión arises upon the following facts : The plaintiff, while travel ling with his horse and wagon on Gorham Street in Lowell, passed under the bridge of the defendants’ railroad, which crosses Gorham Street, and while so doing, and in the exercise of due care, a train of the defendants passed over the bridge, and the plaintiff’s horse, frightened by the noise, became unmanageable, upset the wagon, and the plaintiff was injured. No signal or warning was given of the approach of the…
2Cited by30 opinions
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- Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- Chicago & Erie Railway Co. v. CummingsIndiana Court of Appeals · 1899
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