Commonwealth v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Indictment in nine counts, on the St. of 1874, c. 872, § 163, for causing the death of John H. R. Hill. Some of the counts charged that Hill was a passenger; and others that he was not a passenger, nor in the employment of the defendant corporation, and that he was in the exercise of due care.
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Indictment in nine counts, on the St. of 1874, c. 872, § 163, for causing the death of John H. R. Hill. Some of the counts charged that Hill was a passenger; and others that he was not a passenger, nor in the employment of the defendant corporation, and that he was in the exercise of due care. At the trial in the Superior Court, before Rockwell, J., there was evidence tending to show that Hill left Boston on October 22, 1878, as a passenger on a train of cars of the defendant for Oak Grove; that, before reaching the station, the conductor called out “ Oak Grove,” and the train slowed up, and,…
1Opinion of the CourtSoule, J.
It is contended on the part of the government that, where the person killed was a passenger, the statute does not require, in order to the maintenance of an indictment, that he should have been using due care. But whether this is so or not need not be decided, because, in the opinion of a majority of the court, when Hill was killed he was not a passenger within the meaning of the statute.
It is undoubtedly true that one who has bought a ticket, or otherwise become entitled to transportation on a particular train of cars of a railroad corporation, is ordinarily a passenger of the corporation…
2Cited by6 opinions
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Hines v. GarrettSupreme Court of Virginia · 1921
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Buckley v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
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