Harvey v. Eastern Railroad Co.
Massachusetts Supreme Judicial Court
Tort to recover damages for a personal injury received by the plaintiff at the central depot in Lynn, on April 11, 1873. At the trial in the Superior Court, before Dewey, J., the plaintiff introduced evidence tending to show that at the time of the injury he came to the depot to take the train for Boston, and as he stepped from the platform of the depot upon a step of one of the cars, and while the train was standing still, holding in his left hand a small carpet-bag, and…
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Tort to recover damages for a personal injury received by the plaintiff at the central depot in Lynn, on April 11, 1873. At the trial in the Superior Court, before Dewey, J., the plaintiff introduced evidence tending to show that at the time of the injury he came to the depot to take the train for Boston, and as he stepped from the platform of the depot upon a step of one of the cars, and while the train was standing still, holding in his left hand a small carpet-bag, and taking hold of the iron railing of the platform of the car with his right hand, and using due care, the train started with…
1Opinion of the CourtGray, C. J.
The jury, if they were governed by the instruction of the court, have found that the plaintiff attempted to get upon the train after it had started and while it was in motion. Such an attempt, in the absence of evidence of any circumstance's tending to excuse it, conclusively showed, as matter of law, that the plaintiff was not in the exercise of due care.
Exceptions overruled.
2Cited by12 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Jewell v. Chicago, St. Paul & Minneapolis Railway Co.Wisconsin Supreme Court · 1882
- Brooks v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1883
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Gerber v. New York Central RailroadMassachusetts Supreme Judicial Court · 1934
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