Brayden v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries. Trial in the Superior Court, before Richardson, J., who, at the close of the evidence and at the request of the defendant, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion, and in a note thereto by the reporter.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries suffered by the plaintiff while crossing the defendant’s track, in consequence of the explosion of a track torpedo. The plaintiff was travelling along a pathway which crossed the railroad, and which he attempted to maintain was a way by prescription. At the time of the accident there was an opening in the fence through which the plaintiff passed, but it appeared by the testimony of all the witnesses, and was not disputed, that this opening had been obstructed within twenty years, although there was evidence that the obstructions were torn down soon…
2Cases cited5 opinions
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Wright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
- Wabash Railroad v. JonesIllinois Supreme Court · 1896
- Weld v. BrooksMassachusetts Supreme Judicial Court · 1890
- Connor v. SullivanSupreme Court of Connecticut · 1873
3Cited by14 opinions
- Ryan v. StavrosMassachusetts Supreme Judicial Court · 1964
- MacLeod v. DavisMassachusetts Supreme Judicial Court · 1935
- Gadreault v. HillmanMassachusetts Supreme Judicial Court · 1945
- Byrnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
- Trask v. NoziskoColorado Court of Appeals · 2006
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