Warren v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages for a personal injury received by the plaintiff, by being ran over by the defendants’ locomotive engine.
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Tort to recover damages for a personal injury received by the plaintiff, by being ran over by the defendants’ locomotive engine. At the trial in this court, before Merrick, J., it appeared that on the 7th of August 1854 the plaintiff, who resided at East Boston, went to Somerville upon the defendants’ railroad, and in the afternoon of that day returned to the station at that place and purchased a ticket for Boston, and waited in the station for the arrival of the train from Lexington, in which he was to be carried. There were two tracks in front of the station, and the train from Lexington…
1Opinion of the CourtHoar, J.
The plaintiff could not recover unless he was himself using due care at the time when he received the injury, even if the carelessness of the defendants occasioned it. And the burden of proof was upon him to show that he used this care. So much is clearly settled.
In several recent cases it has been held that, if the whole evidence introduced by the plaintiff has no tendency to show care on his part, but on the contrary shows that he was careless, it is the duty of the court to direct the jury, as matter of law, to return a verdict for the defendant. Lucas v. New Bedford & Taunton Railroad, 6…
2Cited by3 opinions
- Baril v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1915
- Cleveland, C., C. & St. L. Ry. Co. v. ReeseAppellate Court of Illinois · 1901
- Beamer v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1912