Littlejohn v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Two ACTIONS OF tort, brought, to recover damages under the Pub. Sts. c. 112, § 212, for the death of two minor children of the plaintiff, aged respectively one and three years. . The cases were tried together in. the Superior Court, before Mason, J., who' allowed a bill of exceptions, in substance as follows.
Read the full summary
Two ACTIONS OF tort, brought, to recover damages under the Pub. Sts. c. 112, § 212, for the death of two minor children of the plaintiff, aged respectively one and three years. . The cases were tried together in. the Superior Court, before Mason, J., who' allowed a bill of exceptions, in substance as follows. The said children were riding with their parents upon a passenger train run by the defendant over the Troy and Greenfield Railroad, under an agreement, the material parts of which are as follows: “ This agreement, made this fourteenth day of August in the year 1880, in accordance with…
1Opinion of the CourtHolmes, J.
If this were an action to recover for personal injuries, brought by a passenger who had paid his fare, it would make no difference in the defendant’s liability whether the injuries were caused by the negligence of those who were, in a strict sense, the defendant’s servants, or by that of a third person who managed the road over which the defendant had undertaken to carry the plaintiff. McElroy v. Nashua & Lowell Railroad, 4 Cush. 400. Eaton v. Boston & Lowell Railroad, 11 Allen, 500. White v. Fitchbury Railroad, 136 Mass. 321, 325. Railroad Co. v. Barron, 5 Wall. 90, 104. And the case would…
2Cases cited13 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
18 more not listed; retrieve them via the Exa API.