Elkins v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff. The declaration contained three counts. The first count was for negligence of the defendant in, driving its engine and cars over a crossing at grade in the town of Natick, and thereby injuring the plaintiff, then travelling on the highway, and using due care.
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Tort for personal injuries sustained by the plaintiff. The declaration contained three counts. The first count was for negligence of the defendant in, driving its engine and cars over a crossing at grade in the town of Natick, and thereby injuring the plaintiff, then travelling on the highway, and using due care. The second count was for negligence of the defendant in not ringing a bell of at least thirty-five pounds’ weight at the distance of at least eighty rods from said crossing as required by law, or any bell before crossing said highway, the plaintiff using due care. The third count was…
1Opinion of the CourtGray, C. J.
The evidence introduced by the plaintiff at the trial tended to show that the wagon was being driven slowly along the highway, that the plaintiff and the boy who was driving did not know that they had arrived at the railroad crossing, nor see or hear the engine or cars, that there was no sign-board at the crossing, that the train was going at the rate of thirty miles an hour, and that the whistle of the engine was not sounded nor the bell rung before reaching the crossing; and did not show that the approaching train was in sight from the road. This evidence, if not controlled by evidence on…
2Cases cited6 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Wheelock v. WheelwrightMassachusetts Supreme Judicial Court · 1809
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Lane v. Atlantic WorksMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1922
- Citizens Street Railroad v. HamerIndiana Court of Appeals · 1902
- Dowd v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1874
3 more not listed; retrieve them via the Exa API.