Braslin v. Somerville Horse Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries. At the trial in the Superior Court, before Blodgett, J., it appeared that the defendant owned a horse railroad on Elm Street, in Somerville, which connected with the horse railroad of the Cambridge Railroad Company; that on November 30, 1882, the same was used and operated by the Union Railway Company under certain leases and contracts ; and that on said day the plaintiff was a passenger upon a car of the Union Railway Company, and received the…
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Tort for personal injuries. At the trial in the Superior Court, before Blodgett, J., it appeared that the defendant owned a horse railroad on Elm Street, in Somerville, which connected with the horse railroad of the Cambridge Railroad Company; that on November 30, 1882, the same was used and operated by the Union Railway Company under certain leases and contracts ; and that on said day the plaintiff was a passenger upon a car of the Union Railway Company, and received the injuries complained of by being thrown from the car upon Elm Street. There was evidence tending to show that the injuries…
1Opinion of the CourtC. Allen, J.
The question presented by the report is, whether the plaintiff’s right of action, if any, is against the defendant, or exclusively against the Union Railway Company, another street railway company, which was operating the defendant’s road tinder the assignment of a lease. The presiding justice in the Superior Court ruled that the plaintiff could not maintain his action against the present defendant, and reported the case for the determination of this court, upon facts which were not in dispute. Those facts, so far as material, are as follows:
The Middlesex Railroad Company was incorporated by…
2Cases cited5 opinions
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Bower v. B. & S. W. R. Co.Supreme Court of Iowa · 1876
- Quested v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1879
- Middlesex Railroad v. Boston & Chelsea RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by29 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Gohman v. City of St. BernardOhio Supreme Court · 1924
- Logan v. North Carolina RailroadSupreme Court of North Carolina · 1895
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Attorney General v. Haverhill Gas Light Co.Massachusetts Supreme Judicial Court · 1913
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