Bachant v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for injury to tlie plaintiff’s team from being run into by a train of the defendant as described in the opinion. Writ dated January 15, 1904. At the trial in the Superior Court before White, J. the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, raising the questions stated by the court.
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Tort for injury to tlie plaintiff’s team from being run into by a train of the defendant as described in the opinion. Writ dated January 15, 1904. At the trial in the Superior Court before White, J. the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, raising the questions stated by the court. The case was argued at the bar in October, 1904, before Enowlton, C. J., Barker, Hammond, & Braley, JJ., and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtBraley, J.
This is an action of tort to recover for injuries to the plaintiff’s harnesses, horses and wagon, alleged to have been caused by the defendant’s negligence while unloading grain from a car at its station in the town of Weston.
The defendant had not provided a freight house for the storage of merchandise, and apparently consignees were expected, on receiving notice that consignments were ready for delivery, to unload their goods directly from the cars.
In accordance with this system of dealing, the transportation of the grain could not be considered as ended or the carrier released by delivery…
2Cases cited11 opinions
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Lee v. TarplinMassachusetts Supreme Judicial Court · 1903
- Rice v. HartMassachusetts Supreme Judicial Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Flynn v. LewisMassachusetts Supreme Judicial Court · 1919
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Robinson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
18 more not listed; retrieve them via the Exa API.