Tyler v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Charlotte Felton, under the Pub. Sts. c. 112, § 212, for causing her death at a crossing at grade of a highway in Berlin by the tracks of the railroad operated by the defendant under a lease from the Boston, Clinton, and Fitchburg Railroad Company.
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Tort, by the administrator of the estate of Charlotte Felton, under the Pub. Sts. c. 112, § 212, for causing her death at a crossing at grade of a highway in Berlin by the tracks of the railroad operated by the defendant under a lease from the Boston, Clinton, and Fitchburg Railroad Company. Trial in the Superior Court, before Maynard, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
1. The testimony of one Bassett was properly excluded. The fact that, twelve years before the accident, the defendant’s lessor had, in compliance with an oral application of the selectmen of Berlin, maintained a flagman at the crossing, had no tendency to show that due care on the part of the defendant required that one should be stationed there at the time of the accident. See Menard v. Boston & Maine Railroad, 150 Mass. 386. There is nothing in the terms of the lease which enlarges the rights of the intestate. The defendant covenanted to use the road in accordance with the laws of the…
2Cases cited15 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Cadwallader v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1891
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by25 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Koch v. Southern California Ry. Co.California Supreme Court · 1906
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Ellis v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
20 more not listed; retrieve them via the Exa API.