Conaty v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while crossing the defendant’s tracks in Taunton, by a collision between the horse and tip cart driven by the plaintiff, and a locomotive engine of the defendant. At the trial in the Superior Court, before Hammond, J., the jury returned a verdict'for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
At the crossing there were four parallel railroad tracks, and on the one nearest the plaintiff several high cars were standing on the north or left hand side of the street, obstructing the view of the other tracks in that direction. The plaintiff found the gates down when he reached the crossing, and waited about three minutes, sitting on his cart ten or twelve feet from the gates on the northerly half or left hand side of the street. While he was waiting he saw two or three trains pass in each direction. After these trains had passed, the gate tender raised the gates one half or three…
2Cases cited4 opinions
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Merrigan v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
- Livermore v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1895
- Bayley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by13 opinions
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Evansville & Terre Haute Railway Co. v. BerndtIndiana Supreme Court · 1909
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Chase v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1897
- Southern Railway Co. v. CampbellSupreme Court of Virginia · 1939
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