Gaynor v. Old Colony & Newport Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff by being run over by the defendants’. tender and locomotive engine, on the evening of December 1,1865, upon a side track at the station in Fall River of the defendants’ railroad, which ran from Boston through Fall River to Newport.
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Tort for personal injuries sustained by the plaintiff by being run over by the defendants’. tender and locomotive engine, on the evening of December 1,1865, upon a side track at the station in Fall River of the defendants’ railroad, which ran from Boston through Fall River to Newport. At the trial, before Foster, J., a plan of the Fall River station was introduced in evidence, substantially as follows: The plaintiff testified that he was mastered out of service as a soldier on July 28, 1865, and then went to Boston, returned to Fall River the next day, and resided in Fall River from that time…
1Opinion of the CourtColt, J.
It is for the plaintiff by affirmative evidence to establish, to the satisfaction of the jury, in cases of this description, his own freedom from negligence contributing to the injury of which he complains. Courts must take notice of that which is matter of common knowledge and experience, and when the plaintiff’s case fails to disclose the exercise of ordinary care, as *212judged of in the light of such knowledge and experience, he shows no right to a recovery. Ordinarily, however, it is to be settled as a question of fact, in each case as it arises, upon a consideration of all the circumstances…
2Cases cited1 opinion
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
3Cited by97 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Supreme Court · 1893
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