Hubbard v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the executrix of the will of William L. Hubbard, for causing his death at a crossing at grade in Richmond by the railroad tracks of the defendant.
Read the full summary
Tort, by the executrix of the will of William L. Hubbard, for causing his death at a crossing at grade in Richmond by the railroad tracks of the defendant. At the trial in the Superior Court, before Bishop, J., there was evidence tending to show that the deceased, who was between fifty and sixty years of age, but whose sight and hearing were good, was, in the forenoon of May 18, 1891, driving in a wagon along the highway, and that, as he was approaching the railroad tracks of the defendant on the southerly side, he stopped at a point between fifty and a hundred feet from the railroad crossing…
1Opinion of the CourtMorton, J.
The case was submitted to the jury by the presiding justice on two questions: first, Was the bell rung continuously or alternately with the sounding of the whistle, for eighty rods, from and until the engine passed the crossing ? and, secondly, Was the plaintiff’s intestate guilty of gross or wilful negligence ?
The burden was on the plaintiff to show that the bell was not rung continuously or alternately with the sounding of the whistle. If we assume in favor of the plaintiff, what the defendant op-' pears to concede, that, though the whistle may have been blown at the whistling post, it was…
2Cases cited4 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by21 opinions
- Eastern Air Lines, Inc. v. Union Trust Company, United States of America v. Union Trust CompanyCourt of Appeals for the D.C. Circuit · 1955
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
16 more not listed; retrieve them via the Exa API.