Khinoveck v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by a child three years and four months of age for injuries caused by being run over by a train of the defendant which was proceeding along a siding in Worcester.
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Tort by a child three years and four months of age for injuries caused by being run over by a train of the defendant which was proceeding along a siding in Worcester. The declaration was in two counts, the first count alleging that the injury was caused by a train of the defendant running over the plaintiff and was due to “ negligence, carelessness and want of precaution ” on the part of the defendant’s agents and servants, and the second count alleging as the cause of the injury neglect of the defendant “ to safeguard its track and premises.” Writ dated November 5,1908. In the Superior Court…
1Opinion of the CourtHammond, J.
While the plaintiff, an infant between three and four years of age, had the right to travel upon the strip of land adjoining the defendant’s freight yard, there is no evidence that either in the exercise of a public or private right of way or of any other right was he lawfully upon the defendant’s tracks. Nor is there any evidence that the gully by the side of the strip had anything to do with the accident. Upon the evidence the plaintiff must' be regarded as a trespasser at the place of the accident and therefore the defendant was not bound to anticipate his presence, and it owed him no duty…
2Cases cited3 opinions
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- June v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
- Myers v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by4 opinions
- Romana v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
- Beausoleil v. Massachusetts Bay Transportation AuthorityDistrict Court, D. Massachusetts · 2001
- Santora v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Trent v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1936