Flynn v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, for injuries occasioned to the plaintiff’s person and property by the alleged negligence of the defendant’s servants in blowing the whistle on a locomotive engine “in an unsafe, improper, and careless manner.” Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for injuries occasioned to the plaintiff’s person and property by the alleged negligence of the defendant’s servants in blowing the whistle on a locomotive engine “in an unsafe, improper, and careless manner.” Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. It appeared that on May 18,1895, the plaintiff was employed, with his horse and cart, by the town of Westfield on the “ State road,” so called, between Westfield and Mittineague; that his work consisted in filling his cart with dirt at an embankment and dumping it on the…
1Opinion of the CourtMorton, J.
There was evidence that the plaintiff was in the exercise of due care. He was where he had a right to be, and was doing in the usual manner the work which he had been hired to do. There was also evidence that the horse was safe and gentle. We' cannot say that there was not some evidence that the whistle was blown carelessly by being unduly prolonged. Some of the statements made by some of the plain*312tiff’s witnesses are incredible. But the jury may have thought that they were exaggerations rather than intentional misrepresentations, and it was for them to draw such inferences and to give to the…
2Cases cited4 opinions
- Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
- Howard v. Union Freight RailroadMassachusetts Supreme Judicial Court · 1892
- Chicago, Burlington & Quincy Railroad Co. v. YortyIllinois Supreme Court · 1895
3Cited by6 opinions
- Phelan v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1910
- Brown v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1901
- Kelsey v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Mitchell v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1927
- Phelan v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1914
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