Walsh v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 112, §§ 212, 213, by the administrator of the estate of John Walsh, to recover damages for the death of his intestate on August 22, 1895. Writ dated November 15, 1895. The first count of the declaration alleged that on or about August 22, 1895, at about a quarter past nine in the evening, the plaintiff’s intestate was lawfully travelling on Winn Street, a highway in Woburn which is crossed by the railroad tracks of the defendant at grade, and forms a…
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Tort, under Pub. Sts. c. 112, §§ 212, 213, by the administrator of the estate of John Walsh, to recover damages for the death of his intestate on August 22, 1895. Writ dated November 15, 1895. The first count of the declaration alleged that on or about August 22, 1895, at about a quarter past nine in the evening, the plaintiff’s intestate was lawfully travelling on Winn Street, a highway in Woburn which is crossed by the railroad tracks of the defendant at grade, and forms a crossing such as is described in Pub. Sts. c. 112, § 163; that while the plaintiff’s intestate was in the exercise of…
1Opinion of the CourtMorton, J.
Under the first count the plaintiff was bound to show that his intestate was in the exercise of due care, and that the accident happened through the negligence of the corporation or the unfitness or gross carelessness of its servants. We do not understand the plaintiff to contend that there was any evidence tending to show that the corporation was negligent. If, as the evidence tended to show, the gateman gave no signal or warning of the approaching train, we think that the jury would have been justified in finding that he was guilty of gross negligence. Tilton v. Boston & Albany Railroad,…
2Cases cited11 opinions
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Griffin v. HustisMassachusetts Supreme Judicial Court · 1919
14 more not listed; retrieve them via the Exa API.