Mayo v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Two actions of tort against a railroad corporation for an injury to the female plaintiff. At the trial of these actions together, before Gray, J., “ there was evidence that, on the morning of February 1,1867, Mrs. Mayo, with her son, six or seven years old, and a woman named Thayer, bought tickets, and were carried in the defendants’ cars from Boston to Wyoming; that the defendants’ railroad had two tracks; that the station at Wyoming was on the west side of the railroad;…
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Two actions of tort against a railroad corporation for an injury to the female plaintiff. At the trial of these actions together, before Gray, J., “ there was evidence that, on the morning of February 1,1867, Mrs. Mayo, with her son, six or seven years old, and a woman named Thayer, bought tickets, and were carried in the defendants’ cars from Boston to Wyoming; that the defendants’ railroad had two tracks; that the station at Wyoming was on the west side of the railroad; that the platform of the station, and a like platform on the east side of the' railroad, had no steps next the railroad,…
1Opinion of the CourtWells, J.
There was evidence tending to show a failure, on the part of those who had charge of the incoming train, to adopt the reasonable precautions required by a proper consideration for the safety of human life, as well as by the regulations of the road, in respect to the manner of approaching stations at a time when another train is receiving or discharging passengers. The testimony also tended to show a noncompliance with the St. of 1862, c. 81, in regard to the crossing of highways. The.question of negligence on the part of the defendants must therefore be submitted to a jury; unless the facts…
2Cases cited4 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
- Forsyth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Caswell v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
3Cited by53 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Davis v. Central Congregational Society of Jamaica PlainMassachusetts Supreme Judicial Court · 1880
- Illinois Central Railroad v. NowickiIllinois Supreme Court · 1893
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