Legal Opinion

Pratt v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided November 21, 1904PublishedCited by 3 opinions

Tort for personal injuries from being struck by an empty freight car of the defendant. Writ dated February 9, 1903.

1Opinion of the CourtLoring, J.

[After the above statement of the case.] The defendant seeks to support the ruling on two grounds : first, that there was no evidence of due care on the part of the plaintiff, and second, that the cause of the accident was on the evidence a matter of conjecture and no negligence on the defendant’s part was shown.

But we are of opinion that these contentions cannot be maintained.

1. The place in question was not a railroad yard where ears were continually going back and forth. It was a single spur track, leading off the main line, devoted to loading freight cars, at what appears to be a small…

2Cases cited8 opinions

  1. Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
  2. Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  3. Kendall v. City of BostonMassachusetts Supreme Judicial Court · 1875
  4. Dolphin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
  5. Dyer v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
  2. Griswold v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
  3. Burke v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907

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