Hicks v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Two actions of tort. The first case was an action to recover for personal injuries to the plaintiff, and for injuries to his property, by a collision with a train on the defendant’s railroad at the crossing at grade of a highway in Northbridge by the railroad. The second case was an action to recover, as administrator of her estate, for the death of the plaintiff’s wife, who was killed by the same accident.
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Two actions of tort. The first case was an action to recover for personal injuries to the plaintiff, and for injuries to his property, by a collision with a train on the defendant’s railroad at the crossing at grade of a highway in Northbridge by the railroad. The second case was an action to recover, as administrator of her estate, for the death of the plaintiff’s wife, who was killed by the same accident. The cases were tried together in the Superior Court, before Aldrich, J. The jury returned a verdict for the plaintiff in each case ; and the defendant alleged exceptions, which were…
1Opinion of the CourtKnowlton, J.
The presiding justice could not properly direct a verdict for the defendant in either of these cases. There was evidence in favor of the plaintiff upon the question whether he was in the exercise of due care. The evidence tended to show that the crossing on which he was injured was very dangerous. As the highway and the railroad approach each other going northward toward the crossing, they run for a considerable distance almost in the same direction, and a part of the way a house and other objects make it impossible for a traveller on the highway to see a coming train. The civil engineer…
2Cases cited8 opinions
- Tatterson v. Suffolk Manufacturing Co.Massachusetts Supreme Judicial Court · 1870
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Eaton v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Buckley v. FrankelMassachusetts Supreme Judicial Court · 1928
45 more not listed; retrieve them via the Exa API.