Commonwealth v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 63, § 98, to recover for the use of the widow and children of Luther Bixby a fine by reason of the loss of his life from being run over by an engine and train of the defendants at a place in Ashland where their railroad pressed at grade a highway on which he was travelling with a horse and wagon; the death being averred to have been occasioned by reason of negligence of the defendants in not providing a gate, station agent or flagman at the…
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Indictment on the Gen. Sts. c. 63, § 98, to recover for the use of the widow and children of Luther Bixby a fine by reason of the loss of his life from being run over by an engine and train of the defendants at a place in Ashland where their railroad pressed at grade a highway on which he was travelling with a horse and wagon; the death being averred to have been occasioned by reason of negligence of the defendants in not providing a gate, station agent or flagman at the crossing. Trial in the superior court, before Reed, J., who refused a request of the defendants for a ruling that the…
1Opinion of the Court
Gray, J.*
This indictment is founded on that section of the railroad act which provides that “ if, by reason of the negligence or carelessness of a corporation, the life of any person, being in the exercise of due diligence, and not being a passenger or in the employment of such corporation, is lost, the corporation shall be punished by a fine to be recovered by indictment.” Gen. Sts. c. 63, § 98. The negligence or carelessness which is thus made criminal is not confined to the omission to comply with specific requirements of the statutes of the Commonwealth, but extends to any want of…
2Cited by12 opinions
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Trask v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Porter v. SorellMassachusetts Supreme Judicial Court · 1932
- Peterson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1941
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