Tyler v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the negligence of the defendant. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show the following facts: The plaintiff was driving his father’s horse and wagon on Bridge Street, in Hyde Park, on March 18, 1882, when it came into collision with a train of the defendant going towards Boston from Readville, where Bridge Street…
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Tort for personal injuries occasioned to the plaintiff by the negligence of the defendant. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show the following facts: The plaintiff was driving his father’s horse and wagon on Bridge Street, in Hyde Park, on March 18, 1882, when it came into collision with a train of the defendant going towards Boston from Readville, where Bridge Street crosses the tracks of the defendant’s railroad. The wagon was an ordinary open market wagon, and in the wagon were the…
1Opinion of the CourtW. Allen, J.
The evidence discloses the circumstances of the collision, and shows that the plaintiff exercised some degree of care. He checked the speed of his horse at a distance of about one hundred feet from the railroad; he looked to see if the track was clear; he saw the approaching train, and attempted to avoid it before he reached the track. Whether he exercised ordinary care was plainly a question for the jury, unless there was some undisputed fact so obviously inconsistent with ordinary care on his part that the court can say that no reasonable question was presented for the jury to pass upon.…
2Cited by13 opinions
- Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
- State v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1888
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Boyden v. Fitchburg RailroadSupreme Court of Vermont · 1899
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
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