Hutchinson v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal, injuries sustained by the plaintiff at the North Station in Boston from being knocked down by a train of the defendant which struck him from behind when he was walking along the platform between track 2 and track 3 of that station after he had alighted from another train of the defendant, in which he had come from Lynn on the afternoon of May 13, 1912, and was on his way out from the station.
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Tort for personal, injuries sustained by the plaintiff at the North Station in Boston from being knocked down by a train of the defendant which struck him from behind when he was walking along the platform between track 2 and track 3 of that station after he had alighted from another train of the defendant, in which he had come from Lynn on the afternoon of May 13, 1912, and was on his way out from the station. Writ dated June 6, 1912. In the Superior Court the case was tried before Hardy, J., who ordered a verdict for the defendant under the circumstances described in the opinion. The…
1Opinion of the CourtHammond, J.
There were three counts, the first charging a neglect to provide a suitable platform, the second that the train by which the plaintiff was struck was negligently operated, and the third that it was operated at an excessive speed.
I. As to the first and third counts. There was no evidence to warrant the submission of the case to a jury upon either of these counts. The platform was well constructed, of proper materials, and there was no evidence that it was not of sufficient size to meet the reasonable demands of the travel. The only evidence in support of the allegation of excessive speed…
2Cases cited2 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Savageau v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by9 opinions
- Carlson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1929
- Osborne v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- McCarthy v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1928
- Daley v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1922
- Foreman Trust & Savings Bank v. Chicago Rapid Transit Co.Appellate Court of Illinois · 1929
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