Howard v. Union Freight Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. At the trial in the Superior Court, before Thompson, J., there was evidence tending to show that while, on the morning of November 1,1889, one Forsberg was driving along directly opposite a dummy engine standing still on Federal Street in Boston, his horse took fright from a sudden puff of steam from the dummy, and ran up on the sidewalk and knocked down and injured the…
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Tort for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. At the trial in the Superior Court, before Thompson, J., there was evidence tending to show that while, on the morning of November 1,1889, one Forsberg was driving along directly opposite a dummy engine standing still on Federal Street in Boston, his horse took fright from a sudden puff of steam from the dummy, and ran up on the sidewalk and knocked down and injured the plaintiff. It was conceded that the dummy was operated by the defendant, and that the defendant was lawfully authorized by…
1Opinion of the CourtKnowlton, J.
Under the St. of 1872, c. 342, as amended by the St. of 1876, c. 229, and under the ordinances of the city of Boston, the defendant had a right to use steam-engines to move freight cars on Federal Street in Boston, where the plaintiff received his injury. It is not contended that the dummy engine was an improper one for the purpose. If we assume, on the evidence, not only that the plaintiff was in the exercise of due care, but also that the puff of steam at which the horse was frightened was the proximate cause of the accident, the question arises whether the escape of steam through the…
2Cases cited2 opinions
- Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- Butman v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- Wolf v. Des Moines Elevator Co.Supreme Court of Iowa · 1905
- Commonwealth v. New York Central RailroadMassachusetts Supreme Judicial Court · 1966
- Southern Railway Co. v. CooperSupreme Court of Virginia · 1900
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
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