Sullivan v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being struck by a locomotive engine at a crossing at grade of the defendant’s railroad and a highway in Westfield.
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Tort, for personal injuries occasioned to the plaintiff by being struck by a locomotive engine at a crossing at grade of the defendant’s railroad and a highway in Westfield. At the trial in the Superior Court, iDewey, J., at the close of the evidence, refused to rule, as requested by the defendant, (1) that “ upon all the evidence in the case the plaintiff cannot recover,” (2) that “ the plaintiff was grossly negligent, and such negligence contributed to her injury,” and (3) that “ there is no sufficient evidence to warrant the jury in finding that the plaintiff was not grossly negligent, or…
1Opinion of the CourtBarker, J.
The plaintiff, a foot traveller on the highway, was struck by a locomotive at a grade crossing. The accident happened on a clear summer day, about eleven o’clock in the forenoon. The railroad had, within a short time before the accident, been raised so as to be about three feet higher than the level of the sidewalk on which the plaintiff approached from the east. The work of grading was unfinished, and the crossing was in a broken and poor condition, with one plank on each side of the rails. The ground was rough, so that teams had to walk across. There were three railroad tracks at the…
2Cases cited1 opinion
- Copley v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1883
3Cited by15 opinions
- Northern Pacific Railroad v. EverettSupreme Court of the United States · 1894
- Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Chicago & N. W. Ry. Co. v. NetolickyCourt of Appeals for the Eighth Circuit · 1895
- Klegerman v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
- Duval v. DuvalMassachusetts Supreme Judicial Court · 1940
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