Riley v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of John Riley, for personal injuries sustained by her intestate in his lifetime, while a brakeman upon a freight train of the defendant corporation. The declaration alleged that the injuries were caused by the intestate coming in contact with a bridge, which he was required to pass while in the discharge of his duties, and which was negligently maintained by the defendant.
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Tort, by the administratrix of the estate of John Riley, for personal injuries sustained by her intestate in his lifetime, while a brakeman upon a freight train of the defendant corporation. The declaration alleged that the injuries were caused by the intestate coming in contact with a bridge, which he was required to pass while in the discharge of his duties, and which was negligently maintained by the defendant. Trial in the Superior Court, before Rockwell, J., who reported the case for the determination of this court, in substance as follows: The plaintiff offered to prove that the…
1Opinion of the Court
By the Court.
This case cannot be distinguished from Corcoran v. Boston & Albany Railroad, 133 Mass. 507. The evidence offered wholly fails to show that the intestate was using due care, or that his death was not instantaneous. It does not sustain the burden of proof which the law places upon the plaintiff. Judgment on the verdict.
2Cases cited1 opinion
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
3Cited by15 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
- Belding v. Black Hills & Ft. P. R.South Dakota Supreme Court · 1892
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