Fletcher v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, against the Boston and Maine Railroad, and George G. Prince and Arthur D. Prince, newsdealers, doing business under the name of George C. Prince and Son, for injuries incurred in being thrown from a train of the defendant railroad company at its station in Lowell. Writ dated January 81,1902. At the trial in the Superior Court Maynard, J. ordered a verdict for the railroad company and also for the other defendants; and the plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
Before the plaintiff can recover against either the railroad or the individual defendants, he must offer some evidence that at the time of the accident he was in the exerci'se of due care.
It appears that he properly became a passenger on a train of the defendant railroad, and took a seat in the smoking compartment of a combination car, the other part of which, next to the locomotive, was used for baggage.
He left his seat some time before reaching, his destination, went into the baggage compartment, and engaged in conversation with the baggage master, who, when the train approached it for the…
2Cases cited5 opinions
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Files v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Manning v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
3Cited by14 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Dickey v. WillisMassachusetts Supreme Judicial Court · 1913
- Elger v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
- Shaughnessy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
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