Bradford v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while walking along a platform constructed and maintained by the defendant corporation in connection with its station in Lancaster, by being struck by a mail-bag thrown from a passing express train of the defendant. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
The exceptions state that at the close of the evidence “ the defendant requested the court to direct the verdict for it on the grounds that there was no evidence of the plaintiff’s due care or of the defendant’s negligence, and the court ruled, upon this evidence, that the plaintiff was not in the exercise of due care, and was not entitled to recover; and directed a verdict for the defendant.” The court apparently was of the opinion that there was evidence for the jury that the defendant was negligent in permitting mail-bags to be thrown from a rapidly moving train upon the platform where…
2Cases cited4 opinions
- Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
- Snow v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- Rigg v. Boston, Revere Beach, & Lynn RailroadMassachusetts Supreme Judicial Court · 1893
- Toledo, Wabash & Western Railway Co. v. MaineIllinois Supreme Court · 1873
3Cited by6 opinions
- Jacobs v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Fournier v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1934
- Carver v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1903
- Esau v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1947
- Levesque v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1927
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