Creeden v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Patrick Creeden of Newburyport for the benefit of his widow and children under R. L. c. Ill, § 267, to recover damages for causing his death.
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Tort by the administratrix of the estate of Patrick Creeden of Newburyport for the benefit of his widow and children under R. L. c. Ill, § 267, to recover damages for causing his death. Writ dated March 6, 1906. The declaration alleged that the defendant on December 26, 1905, operated a steam railroad through Newburyport and for a lo.ng time previous to the injuries complained of had maintained a station in Newburyport at which its trains stopped, for the purpose of taking on and letting off persons rightfully upon its trains; that contiguous to and adjoining the station was a bridge spanning…
1Opinion of the CourtRugg, J.
It is to be noted that there is no allegation that the plaintiff’s intestate entered the train for the purpose of serving a warrant for the arrest of any person whom he believed to be there, nor that he had any reasonable ground to believe that there was being committed upon the train any breach of the peace or other crime, which required him to enter for the purpose of preserving public order, nor that there were upon the train persons who had committed a felony or any of the misdemeanors for which under the statutes it is lawful for a constable to arrest without a warrant. See R. L. c. 11,…
2Cases cited13 opinions
- Gibson v. LeonardIllinois Supreme Court · 1892
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Woodruff v. BowenIndiana Supreme Court · 1893
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- Aldworth v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1936
- Wynn v. SullivanMassachusetts Supreme Judicial Court · 1936
- Burroughs Adding Machine Co. v. FryarTennessee Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.