McEachern v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says that the defendant, on the third day of August last past, exclusively occupied, used, managed, and controlled, and long prior to said date had exclusively occupied, used, managed, and controlled, a parcel of unenclosed land, situate in said Gloucester, adjacent to and abutting upon a much travelled street or way, known as Tremont Street; that there were then upon said land several, to wit, three or more, railroad…
Read the full summary
Tort. The declaration was as follows: “ And the plaintiff says that the defendant, on the third day of August last past, exclusively occupied, used, managed, and controlled, and long prior to said date had exclusively occupied, used, managed, and controlled, a parcel of unenclosed land, situate in said Gloucester, adjacent to and abutting upon a much travelled street or way, known as Tremont Street; that there were then upon said land several, to wit, three or more, railroad tracks, which diverged from the main track of the so called Eastern Division of a railroad then operated by the…
1Opinion of the CourtW. Allen, J.
The declaration shows that the plaintiff, a boy upwards of eleven years of age, was a trespasser upon the land of the defendant, committing an unlawful act in meddling with the defendant’s car. He was not invited or enticed there by the defendant, and the defendant owed him no duty to have the car safe for him to visit. Lane v. Atlantic Works, 111 Mass. 136. Johnson v. Boston & Maine Railroad, 125 Mass. 75. Morrissey v. Eastern Railroad, 126 Mass. 377.
Judgment affirmed.
2Cases cited3 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
3Cited by21 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
- Richards v. ConnellNebraska Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.