Legal Opinion

Lowner v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided January 4, 1900PublishedCited by 13 opinions

Tort, for personal injuries. Trial in the Superior Court, before Blodgett, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.

1Opinion of the CourtHolmes, C. J.

This is an action for personal injuries caused by a pail of sand falling upon the plaintiff’s head as she was walking upon a street and coming out from under a railroad bridge in the defendant’s possession. The court directed a verdict for the defendant, and the question is whether the plaintiff was entitled to go to the jury. The evidence clearly warranted a finding that the pail fell from the bridge, and the fact of its falling upon the plaintiff warranted a finding of negligence. Hogan v. Manhattan Railway, 149 N. Y. 23. See Kearney v. London, Brighton, & South Coast Railway, L. R. 6 Q. B.…

2Cases cited1 opinion

  1. Hogan v. Manhattan Railway Co.New York Court of Appeals · 1896

3Cited by13 opinions

  1. Navien v. CohenMassachusetts Supreme Judicial Court · 1929
  2. Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
  3. McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
  4. Mahoney v. Harley Private Hospital, Inc.Massachusetts Supreme Judicial Court · 1932
  5. Knowles v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1934

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