Pratt v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
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
- Cox v. Central Vermont RailroadMassachusetts Supreme Judicial Court · 1898
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Kendall v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Dolphin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Dyer v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
- Griswold v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Burke v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907