Bowler v. Mills
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff from being run over by a private freight train of the defendant, consisting of an engine and two cars, while the plaintiff was travel-ling on a bicycle over a railroad crossing maintained by the defendant on Canal Street in Lawrence.
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Tort for personal injuries sustained by the plaintiff from being run over by a private freight train of the defendant, consisting of an engine and two cars, while the plaintiff was travel-ling on a bicycle over a railroad crossing maintained by the defendant on Canal Street in Lawrence. Writ dated January 22, 1906. In the Superior Court the case was tried before Sanderson, J. The following facts were not disputed: The defendant at the time of the accident was the owner of the fee in a way in Lawrence called Canal Street, which was a private way in the sense that it was not accepted by the…
1Opinion of the CourtKnowlton, C. J.
The question principally argued in this case is whether the plaintiff was travelling on Canal Street by invitation of the defendant, or merely as a licensee. The street was laid out and constructed by the defendant, over its own land, for its own purposes,' and it has been very largely used by its employees and others, in connection with the business carried on in its mills. The testimony was uncontradicted that it would be impracticable to exclude the public from the street without interfering with the convenient use of it by the defendant and others in the defendant’s business. Notices have…
2Cases cited8 opinions
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Hanks v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
- Norris v. Hugh Nawn Contracting Co.Massachusetts Supreme Judicial Court · 1910
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Fitzsimmons v. HaleMassachusetts Supreme Judicial Court · 1915
16 more not listed; retrieve them via the Exa API.