Old Colony Railroad v. Slavens
Massachusetts Supreme Judicial Court
Tort for the amount of a judgment recovered against the plaintiff by one Amory, for an injury for which the plaintiff became responsible through the negligent act of the defendants. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was a common carrier of passengers with one of its termini in Boston.
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Tort for the amount of a judgment recovered against the plaintiff by one Amory, for an injury for which the plaintiff became responsible through the negligent act of the defendants. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The plaintiff was a common carrier of passengers with one of its termini in Boston. Along the outside of one of the walls of its station at this terminus it maintained a sidewalk, about ten feet in width, as a part of the station and a means of egress for passengers. The plaintiff carried the United States…
1Opinion of the CourtC. Allen, J.
The verdict establishes it as a fact, that the defendants might have done the work of transferring and loading the mail bags without obstructing the sidewalk as it was obstructed on the occasion of the injury to Amory. The plaintiff’s regulations and provisions did not require such obstruction, and the only question before us is, whether, assuming this as a fact, the plaintiff was entitled to recover. And we think the plaintiff and the' defendants were not, as to each other, in pari delicto. The plaintiff was held liable to Amory because bound to keep the sidewalk reasonably safe. But the…
2Cases cited5 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1881
- Inhabitants of Woburn v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1872
- Inhabitants of West Boylston v. MasonMassachusetts Supreme Judicial Court · 1869
3Cited by16 opinions
- Bradley v. RosenthalCalifornia Supreme Court · 1908
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Stewart v. Roy Bros. Inc.Massachusetts Supreme Judicial Court · 1970
- Hollywood Barbecue Co. v. MorseMassachusetts Supreme Judicial Court · 1943
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