Leary v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Two actions of tart, by the administratrix of Timothy Leary, the first under Pub. Sts. c. 112, § 212, for causing his death, and the second for personal injuries previous thereto. Trial in the Superior Court, before Hammond, J., who, at the close of the testimony, directed a verdict for the defendant in each case; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
These are actions for personal injuries and death, brought by the administratrix of one Timothy Leary. Leary was a passenger upon one of the defendant’s trains, and presumably was bound for Waltham, where he lived. The train had run beyond the Waltham station in order to use a switch, and had backed into the station, had stopped and had started, when Leary was found under the wheels on the wrong side of the train. How he came to be there is pure matter of conjecture. If we assume, contrary to the fair import of the evidence, that the train started too quickly, there is nothing to show that…
2Cases cited4 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- McKimble v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1885
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by4 opinions
- State v. DavisWest Virginia Supreme Court · 1907
- Lyford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Regan v. LombardMassachusetts Supreme Judicial Court · 1902
- Pittsburgh Coal Co. v. MyersCourt of Appeals for the Third Circuit · 1913