Donovan v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 112, § 213, for personal injuries occasioned to the plaintiff by being struck by a locomotive engine at East Somerville, at the Perkins Street crossing of the defendant’s railroad. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The questions for decision arise from the admission, as evidence for the defendant, of entries from a telegraphic train report sheet kept in its train despatcher’s office in Boston. It was in dispute whether the approach of an inward train at 5.02 p. M. was hidden from the plaintiff by an outward train delivering passengers at the East Somerville station, in the vicinity of which the accident occurred. Witnesses for the defendant testified that there was no such outward train; that one passed without stopping at 4.52, and that no other passed or stopped until 5.12; and entries from the train…
2Cases cited6 opinions
- Pittsburgh, Cincinnati & St. Louis Railroad v. NoelIndiana Supreme Court · 1880
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Adams v. CoulliardMassachusetts Supreme Judicial Court · 1869
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
- Inhabitants of Townsend v. Inhabitants of PepperellMassachusetts Supreme Judicial Court · 1868
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3Cited by41 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Globe Indemnity Co. v. ReinhartCourt of Appeals of Maryland · 1927
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
36 more not listed; retrieve them via the Exa API.