Copley v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Tort, under the St. of 1881, c. 199, § 2, for causing the death of the plaintiff’s intestate, on June 30, 1881, at a place in Westfield, where the defendant’s railroad crossed a highway at grade. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s intestate, a girl sixteen years of age, was killed by a locomotive engine at the time and place alleged.
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Tort, under the St. of 1881, c. 199, § 2, for causing the death of the plaintiff’s intestate, on June 30, 1881, at a place in Westfield, where the defendant’s railroad crossed a highway at grade. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s intestate, a girl sixteen years of age, was killed by a locomotive engine at the time and place alleged. There was contradictory evidence upon the question of the neglect of the defendant corporation to give the signals required by law; but there was no dispute that, when the…
1Opinion of the CourtC. Allen, J.
A majority of the court is of opinion that this case was properly submitted to the jury, and under proper instructions. There was contradictory evidence upon the question whether the bell was rung or the whistle sounded at a distance of eighty rods from the crossing, as required by the St. of 1874, c. 372, § 123. It may have been found as a fact that no signal was given until the engine was within from three to six rods of the crossing, or even less. There was evidence tending to show that the deceased was then within three or four feet of the track, and that two sharp danger-whistles were…
2Cases cited2 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by20 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
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