Sewell v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by riding a bicycle into a train. Trial in the Superior Court before Blodgett, J., who, at the close of the evidence, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries caused by running into a train at a crossing. The judge directed a verdict for the defendant, and the case is-here on exceptions. The plaintiff told his own story very fairly. He was nearly thirteen at the time. He was riding a bicycle along a street in Hull, called Y Street, toward the seashore, and was looking straight ahead, watching for a steamer which he wanted to see. The street ran to an electric railroad and continued on the other side of it, but the crossing was private and so marked, although planked by the railroad company. The plaintiff knew…
2Cases cited4 opinions
- Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
- Chase v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1897
- Hubbard v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Tyler v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1884
3Cited by4 opinions
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Young v. SmallMassachusetts Supreme Judicial Court · 1905
- Illinois Cent. R. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1899
- Briggs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905