Young v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of Wilbur R. Young, for bis conscious suffering, and, under Pub. Sts. c. 112, § 212, for causing his death. Trial in the Superior Court, before Mason, C. J., who, at the close of the evidence, ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
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Tort, by the administratrix of Wilbur R. Young, for bis conscious suffering, and, under Pub. Sts. c. 112, § 212, for causing his death. Trial in the Superior Court, before Mason, C. J., who, at the close of the evidence, ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion. The case was argued at the bar in January, 1898, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtField, C. J.
There are four counts in the declaration, some of which are counts at common law, and the others are counts under Pub. Sts. c. 112, § 212, in one of which at least it is alleged that the plaintiff’s intestate was a passenger.
We are of opinion that the evidence does" not show that the plaintiff’s intestate was in the exercise of due care. He ran across the tracks from the station to the platform, in front of an approaching train, which was in plain sight and which he must have seen. This consideration disposes of all the counts except those brought under Pub. Sts. c. 112, § 212, in.-which it…
2Cases cited10 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- McKimble v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Hale v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Dixon v. Great Falls & Old Dominion Railway Co.Court of Appeals for the D.C. Circuit · 1912
- Savageau v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Fenlon v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.