Hanks v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Three actions of tort. The first action was for personal injuries received by the plaintiff, while driving with Frank W. Moses, by being struck by a locomotive engine at a crossing of the defendant’s railroad. The second and third actions were brought by the administrator of the estate of Moses, to recover for his death and for the damage to his horse and wagon.
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Three actions of tort. The first action was for personal injuries received by the plaintiff, while driving with Frank W. Moses, by being struck by a locomotive engine at a crossing of the defendant’s railroad. The second and third actions were brought by the administrator of the estate of Moses, to recover for his death and for the damage to his horse and wagon. The cases were tried together in the Superior Court, before Dewey, J., who refused to rule that there was no evidence to warrant a finding that Moses was induced or invited by the defendant to go upon the crossing, or that he was not…
1Opinion of the CourtDevens, J.
It will be conceded, not only that the defendant corporation might so conduct itself in regard to a crossing over its railroad as to give a tacit license or assent to its use as a crossing by the public, but that the circumstances under which such use was permitted and enjoyed might also amount to an inducement or invitation to persons having occasion to pass thereon to treat the same as a highway, and to use it for any lawful purpose. Sweeny v. Old Colony & Newport Railroad, 10 Allen, 368. Murphy v. Boston & Albany Railroad, 133 Mass. 121. O'Connor v. Boston & Lowell Railroad, 135 Mass. 352,…
2Cases cited5 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Murphy v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Williams v. GrealyMassachusetts Supreme Judicial Court · 1873
- O'Connor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by30 opinions
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Schindler v. Milwaukee, Lake Shore & Western Railway Co.Michigan Supreme Court · 1891
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
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