Rigg v. Boston, Revere Beach, & Lynn Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries to the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence. At the trial in the Superior Court, before Thompson, J., there was evidence tending to show that the defendant had built on the easterly side of its track, and upon its land between Oak Island and Crescent .Beach, two stations on the line of its road between Boston and Lynn, a plank walk over one thousand feet in length for travellers and those who frequented…
Read the full summary
Tort, for personal injuries to the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence. At the trial in the Superior Court, before Thompson, J., there was evidence tending to show that the defendant had built on the easterly side of its track, and upon its land between Oak Island and Crescent .Beach, two stations on the line of its road between Boston and Lynn, a plank walk over one thousand feet in length for travellers and those who frequented the beaches to walk upon, and that the southerly end of the walk abutted upon another short plank walk, running from a…
1Opinion of the CourtBarker, J.
If the plaintiff’s intestate, while walking from Oak Island to Crescent Beach upon the defendant’s land, was not *312a mere licensee, his invitation was such as to make it incumbent on himself to keep out of the way of trains. The making of a long plank walk with railings for the use of visitors to the beach on the side of the railroad next the sea was not an invitation to the exclusive use of any other part of the defendant’s location, and gave visitors no right to expect that the track would not be used for the passage of trains. Assuming that because the cross walk was on the defendant’s land,…
2Cases cited1 opinion
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Keeney v. CiborowskiMassachusetts Supreme Judicial Court · 1939
- Harrington v. Rutland RailroadSupreme Court of Vermont · 1915
- McMahon v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1906
- Kurrle v. Mayor of BaltimoreCourt of Appeals of Maryland · 1910
6 more not listed; retrieve them via the Exa API.