White v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while a passenger on the defendant’s railroad, with a count in contract for a breach of the defendant’s contract to carry the plaintiff safely.
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Tort for personal injuries received by the plaintiff while a passenger on the defendant’s railroad, with a count in contract for a breach of the defendant’s contract to carry the plaintiff safely. Trial in this court, before Meld, J., who reported the case for the consideration of the full court, in substance as follows; It was proved or admitted that, at the time of the alleged injury, the plaintiff was a passenger in one of the defendant’s cars; that he had purchased a ticket which entitled him to be carried therein from West Townsend to Boston; that the defendant owned a branch road…
1Opinion of the CourtColburn, J.
As a carrier of passengers, the defendant was bound, in the management of its cars and trains, and in making connections of cars, to exercise the highest degree of care which it could reasonably, to prevent such injuries to its passengers as human care and forethought could avert. MeElroy v. Nashua Lowell Railroad, 4 Cush. 400. Warren v. Fitchburg Railroad, 8 Allen, 227. Eaton v. Boston & Lowell Railroad, 11 Allen, 500. The defendant was responsible for the method it adopted, or approved, for connecting with its trains the cars of the Worcester and Nashua Railroad. It was for the jury to…
2Cited by4 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Moreland v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1886
- Littlejohn v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Copeland v. DraperMassachusetts Supreme Judicial Court · 1893