Hinckley v. Cape Cod Railroad
Massachusetts Supreme Judicial Court
Tout for an injury occasioned to Philip Hinckley, the plaintiff’s intestate, by being struck by a car of the defendant. Trial in this court, before Colt, J., who, at the close of the plaintiff’s evidence, reported the case to the full court upon the question whether it would be competent for the jury to find that the intestate was in the exercise of due care. If so, the case was to stand, for trial; otherwise, the plaintiff to become nonsuit.
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Tout for an injury occasioned to Philip Hinckley, the plaintiff’s intestate, by being struck by a car of the defendant. Trial in this court, before Colt, J., who, at the close of the plaintiff’s evidence, reported the case to the full court upon the question whether it would be competent for the jury to find that the intestate was in the exercise of due care. If so, the case was to stand, for trial; otherwise, the plaintiff to become nonsuit. Annexed to the report was a plan, a copy of so much of which as is material appears in the margin.* The evidence reported was in substance as follows :…
1Opinion of the CourtDevens, J.
Upon the evidence it might fairly have been found by the jury that the defendant was guilty of negligence in permitting its car, by collision with which the injury was occasioned, to traverse the track at a high rate of speed and without proper warning, but mere proof that the negligence of the defendant was a cause adequate to nave produced tbe injury will *262not enable a plaintiff to recover, as it does not necessarily give rise to the inference of due care upon his part, proof of which is essential to his case. It may still be that he was not exercising it, and the injury thus have resulted…
2Cases cited10 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
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3Cited by25 opinions
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. HowardIndiana Supreme Court · 1890
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Indiana, Bloomington & Western Railway Co. v. GreeneIndiana Supreme Court · 1886
20 more not listed; retrieve them via the Exa API.