Foley v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for injuries sustained while a passenger on a train of the defendant by being thrown from the platform of one of the cars of the train.' Writ dated September 22, 1902. In the Superior Court the case was tried before Fox, J. The accident occurred at about midnight of a day in summer near Beverly Bridge, so called, over which trains run from Salem to Beverly.
Read the full summary
Tort for injuries sustained while a passenger on a train of the defendant by being thrown from the platform of one of the cars of the train.' Writ dated September 22, 1902. In the Superior Court the case was tried before Fox, J. The accident occurred at about midnight of a day in summer near Beverly Bridge, so called, over which trains run from Salem to Beverly. The plaintiff testified that he was forty-seve.n years old, and boarded the train at Salem for Beverly at about 11.40 o’clock p. M. ,• that he went into the rear end of the smoking car, and walked by three or four seats to see if he…
1Opinion of the CourtRugg, J.
It is at least difficult to see how, upon this testimony, there was any negligence on the part of the defendant. Timms v. Old Colony Street Railway, 183 Mass. 193. It is a matter of common knowledge that tracks of steam railroads must be repaired and bridges replaced from time to time, and that, in the performance of this work, it may be necessary to use crossovers from one main track to another. It is also common knowledge that in the performance of the duty resting upon steam railroads of rapid and prompt transportation, even in the exercise of the high degree of care required of them,…
2Cases cited4 opinions
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Timms v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Farnon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1902
3Cited by57 opinions
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
- Burke v. CookMassachusetts Supreme Judicial Court · 1923
- Law v. GallegherSupreme Court of Delaware · 1938
52 more not listed; retrieve them via the Exa API.