Byrnes v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by an infant by his father and next friend for personal injuries. Writ dated December 8, 1890. In the Superior Court the case was tried before Lilley, J., who ordered a verdict for the defendant. Later, Lilley, J. having resigned, the case was reported by Bell, J. for the consideration of this court. If the ruling of the judge ordering a verdict for the defendant was correct, judgment was to be entered on the verdict; otherwise, the case was to stand for trial.
1Opinion of the CourtLathrop, J.
The plaintiff, a boy eight years of age, was injured while attempting to cross the tracks of the defendant’s road. The accident took place between six and seven o’clock in the evening of July 16, 1889. At that time the defendant’s road crossed at grade, and, at their intersection, two highways in Chelsea, called Sixth-Street and Arlington Street. East of the crossing was the passenger station of the defendantand west of the crossing the land between the intersecting streets was divided by the tracks into two triangular parts. The northerly portion between the tracks and Sixth Street was…
2Cases cited11 opinions
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- Darling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- Brayden v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- New York Cent. & H. R. R. v. PriceCourt of Appeals for the First Circuit · 1908
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Griswold v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Creeden v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Devonian Oil Co. v. SmithSupreme Court of Oklahoma · 1926
10 more not listed; retrieve them via the Exa API.