Olds v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while a passenger on the defendant’s railroad. Trial in the Superior Court, without a jury, before Richardson, J., who, by agreement of the parties, reported the case for the determination of this court, in substance as follows. The accident occurred on a branch line of the defendant’s railroad, about ten miles in length, extending from South Deer-field to Turner’s Falls in the town of Montague.
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Tort, for personal injuries sustained by the plaintiff while a passenger on the defendant’s railroad. Trial in the Superior Court, without a jury, before Richardson, J., who, by agreement of the parties, reported the case for the determination of this court, in substance as follows. The accident occurred on a branch line of the defendant’s railroad, about ten miles in length, extending from South Deer-field to Turner’s Falls in the town of Montague. The plaintiff, who was about seventy years old and in good health for his age, on the day of the accident bought a ticket entitling him to…
1Opinion of the CourtKkowlton, J.
• The judge found that the jerking and jolting were “ greater and more severe than would occur on an ordinary passenger train run under due care; and ruled that if the liability in respect to preventing injury by jolting and jerking and stopping suddenly is the same, and if the obligations are the same in all these respects on a freight or mixed train, such as this train was, as on an ordinary passenger train, the plaintiff is entitled to recover; . . . but if the defendant was not liable -for such jolting and jerking as were ordinarily incident to a train of this kind, . . . the plaintiff…
2Cases cited5 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Ohio & Mississippi R. W. Co. v. DickersonIndiana Supreme Court · 1877
- Heyward v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
- Illinois Central Railroad v. AxleyAppellate Court of Illinois · 1893
3Cited by11 opinions
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Gardner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
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