Butler v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for the killing of Colombo Bassari, a boy four years and seven months old, on a grade crossing on the defendant’s railroad. Trial in the Superior Court, before Mason, C. J., who refused to rule at the close of the evidence, at the request of the defendant, that it was entitled to a verdict; and the defendant excepted. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action to recover for the death of a boy killed by the defendant’s cars. The case is here upon an exception to a refusal to take the case from the jury. There was evidence tending to show that the boy was killed on a grade crossing by one of the rear cars of a freight train which had broken apart before reaching the crossing, and that the forward part of the train had gone by, leaving an interval of from thirty-two feet to two hundred yards. It is not argued that there was not evidence of negligence on the part of the defendant subject to the almost inseparable question of the…
2Cases cited13 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Ward v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- O'Connor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- Indianapolis, Decatur & Western Railway Co. v. WilsonIndiana Supreme Court · 1893
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3Cited by15 opinions
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- McDermott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
- Birch v. StroutMassachusetts Supreme Judicial Court · 1939
- O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903
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