Inhabitants of Hyde Park v. Gay
Massachusetts Supreme Judicial Court
Tort for running over and destroying fire hose laid across a railroad track. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : About half past two o’clock on Sunday morning, September 27, 1874, a fire broke out in a building at Hyde Park, about seventy feet westerly of the line of the Boston, Hartford and Erie Railroad.
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Tort for running over and destroying fire hose laid across a railroad track. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows : About half past two o’clock on Sunday morning, September 27, 1874, a fire broke out in a building at Hyde Park, about seventy feet westerly of the line of the Boston, Hartford and Erie Railroad. Neponset River ran one hundred feet easterly of the railroad, and the fire department of the town stationed two steam fire-engines on the bank of the river, and carried four lines of hose across the track of the railroad…
1Opinion of the CourtColt, J.
The fact that the defendant, by his servants and agents, was running a train of cars in violation of the statute regulating the observance of the Lord’s day, has an important and material bearing on the relative rights and duties of the parties at the time of the accident. It affects the question of the care required of both. The persons in charge of the hose, in the absence of positive information, had a right to expect that no train would be run on that day contrary to law. And those in charge of the train were for that reason required to exercise greater caution towards them. The jury…
2Cases cited2 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Aldworth v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1936
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