Commonwealth v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Indictment on the St. of 1874, c. 372, § 163, alleging, in separate counts, that on August 29, 1877, Joseph Swasey, Lydia A. Swasey, Wilbur B. Swasey and Rachel B. Gifford, not being passengers, while in the exercise of due diligence, were killed by the defendant corporation, through the gross negligence and carelessness of its servants and agents, while engaged in its business, upon the pier of the Philadelphia and Reading Coal and Iron Company, at Salem.
Read the full summary
Indictment on the St. of 1874, c. 372, § 163, alleging, in separate counts, that on August 29, 1877, Joseph Swasey, Lydia A. Swasey, Wilbur B. Swasey and Rachel B. Gifford, not being passengers, while in the exercise of due diligence, were killed by the defendant corporation, through the gross negligence and carelessness of its servants and agents, while engaged in its business, upon the pier of the Philadelphia and Reading Coal and Iron Company, at Salem. At the trial in the Superior Court, before Bacon, J., the following facts appeared: The pier where the accident happened was not within…
1Opinion of the CourtColt, J.
The defendant corporation sold passenger tickets at Lowell and Lawrence, for an excursion to Salem, and thence by steamer to the Isles of Shoals. The special train upon which these passengers were carried was owned by the defendant, and was managed and controlled by its agents and servants. For the convenience of the passengers, and by the directions of those in charge, the train was run on and along the pier and wharf of a coal company, upon which were railroad tracks for the private use of the company, connected by a switch with the Salem and Lowell Railroad. The agent of the steamboat had…
2Cases cited3 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
- Crafts v. City of BostonMassachusetts Supreme Judicial Court · 1872
3Cited by6 opinions
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Engel v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1893
- Missouri, Kansas & Texas Railway Co. v. FreemanTexas Supreme Court · 1904
- Conary v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1925
1 more not listed; retrieve them via the Exa API.