Gilman v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, by slipping upon an accumulation of snow and ice on a step of one of the defendant’s cars, which was part of a train that had run from Rockport to Boston, a distance of thirty-five miles, the plaintiff having taken the train at Salem, about midway between the termini. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions.
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Tort, for personal injuries occasioned to the plaintiff, by slipping upon an accumulation of snow and ice on a step of one of the defendant’s cars, which was part of a train that had run from Rockport to Boston, a distance of thirty-five miles, the plaintiff having taken the train at Salem, about midway between the termini. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
The jury found, in answer to a question from the judge, that the snow and ice were on the steps of a car before it left Rockport. The real questions raised by the exceptions are whether there was any evidence which warranted this finding, and if so, whether it warranted the conclusion that the defendant was liable for not having cleared the step. A ruling was asked to the effect that a railroad company is not bound to *455keep an exposed platform clear while in transitu during a storm, and the jury were instructed that there was no rule of law which absolutely requires it, but that it was for…
2Cases cited5 opinions
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Palmer v. . Pennsylvania Co.New York Court of Appeals · 1888
- Bethmann v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by17 opinions
- Bagnell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
- Riley v. Rhode Island CompanySupreme Court of Rhode Island · 1908
- Foster v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Gegere v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1928
- Proud v. Philadelphia & Reading RailroadSupreme Court of New Jersey · 1900
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