Caswell v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Tort for injuries by a fall alleged to have been caused by negligence of the defendant corporation. The declaration alleged that on July 28, 1865, the plaintiff bought a ticket at Wellesley station, on the defendants’ railroad, for transportation of herself from there to Boston; and while she was waiting, as a passenger, under the defendants’ direction and control, upon a platform provided by them for the use of passengers waiting to.be conveyed from Wellesley to Boston, a…
Read the full summary
Tort for injuries by a fall alleged to have been caused by negligence of the defendant corporation. The declaration alleged that on July 28, 1865, the plaintiff bought a ticket at Wellesley station, on the defendants’ railroad, for transportation of herself from there to Boston; and while she was waiting, as a passenger, under the defendants’ direction and control, upon a platform provided by them for the use of passengers waiting to.be conveyed from Wellesley to Boston, a switch was so carelessly managed by their servants, that the approaching train left its usual and safe track for a side…
1Opinion of the CourtBigelow, C. J.
"We are of opinion that the instructions in this case were well adapted to the facts in evidence, and were in all respects sufficient to give the jury an adequate understanding of the rights and duties of the defendants. We do not see that they do not in all essential particulars conform to the principles stated with great accuracy and fulness in Warren v. Fitchburg Railroad Co. 8 Allen, 227.
The evidence was sufficient to warrant a jury in finding, 1. that the plaintiff seasonably and without undue haste passed across the track of the railroad, and took a proper position on the platform…
2Cited by7 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Memphis & Ohio River Packet Co. v. McCoolIndiana Supreme Court · 1882
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- Rogers v. Kennebec Steamboat Co.Supreme Judicial Court of Maine · 1894
- Forsyth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.