McKimble v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Jeremiah Mc-Kimble, for causing his death. The declaration contained two counts. The first count alleged that the intestate was a passenger on the defendant’s train, and was killed while leaving the same on January 10, 1883, at Charlestown, when the train stopped, through the defendant’s negligence and the gross negligence of its servants.
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Tort, by the administratrix of the estate of Jeremiah Mc-Kimble, for causing his death. The declaration contained two counts. The first count alleged that the intestate was a passenger on the defendant’s train, and was killed while leaving the same on January 10, 1883, at Charlestown, when the train stopped, through the defendant’s negligence and the gross negligence of its servants. The second count alleged that, at the time the intestate was killed, he was not a passenger, nor in the defendant’s employment; that he was in the exercise of due care, and was killed through the negligence of…
1Opinion of the CourtW. Allen, J.
While there was evidence proper to submit to a jury of the negligence of the defendant, and of the gross negligence of its servants or agents, there was no evidence of the exercise of ordinary care by the deceased; and the ruling of the court, that the action could not be maintained, was correct, if the burden was upon the plaintiff to prove such care. Whether such burden was upon the plaintiff depended upon whether the deceased was a passenger. If he was a passenger, and his life was lost through the negligence of the defendant, or the gross negligence of its servants or agents, it would not…
2Cases cited1 opinion
- Commonwealth v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by20 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
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