Kelsall v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under R. L. c. Ill, § 268, to recover for personal injuries received by the plaintiff from a collision of his wagon with an engine of the defendant drawing a passenger train at a crossing of the railroad of the defendant with a highway in Fall River.
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Tort, under R. L. c. Ill, § 268, to recover for personal injuries received by the plaintiff from a collision of his wagon with an engine of the defendant drawing a passenger train at a crossing of the railroad of the defendant with a highway in Fall River. Writ in the Superior Court for the county of Bristol dated December 17, 1903. There was a trial before White, J., who, at the close of the evidence, refused to direct a verdict for the defendant, and the defendant excepted. The material facts are stated in the opinion.
1Opinion of the CourtKnowlton, C. J.
The exception in this case was to the refusal of the judge to direct a verdict for the defendant. The action is to recover for personal injuries received from a collision of the plaintiff’s wagon with an engine drawing a passenger train on the defendant’s road, at a crossing of a highway in Fall River.
There was testimony from which the jury might find that the defendant’s servants neglected to give the signals required by the statute to be given at railroad crossings. R. L. c. Ill, § 188. If there was neglect in this particular, the jury might infer that it contributed to the injury. Doyle v.…
2Cases cited7 opinions
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Brusseau v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Emery v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Sullivan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by15 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Doyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
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