Wright v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort. The declaration contained two counts. The first count was as follows : “ The plaintiff says that while he was travelling on Cambridge Street in the city of Somerville, in the exercise of due and ordinary care, the defendant, by its agents and servants, grossly and carelessly ran and drove an engine, attached to a long train of cars, upon and over him, wounding him in his head, breaking his legs and arms, and greatly injuring him in his person.”
Read the full summary
Tort. The declaration contained two counts. The first count was as follows : “ The plaintiff says that while he was travelling on Cambridge Street in the city of Somerville, in the exercise of due and ordinary care, the defendant, by its agents and servants, grossly and carelessly ran and drove an engine, attached to a long train of cars, upon and over him, wounding him in his head, breaking his legs and arms, and greatly injuring him in his person.” The second count was for an injury received while on the premises of the defendant. Trial in this court, before Ames, J., who withdrew the case…
1Opinion of the CourtColt, J.
The plaintiff at the time of his injury was not a passenger going to or from a train on the defendant’s road. He was either using the premises of the' defendant’s station at East Somerville for his own convenience, as affording him a shorter way from Perkins Street on the north, by Cambridge Street on the south, to the station of the Eastern Railroad, or else, after so using the premises, he was attempting, on reaching Cambridge Street, to pass diagonally both across the highway and across the defendant’s tracks, towards the last-named station, for the purpose of taking passage over the…
2Cases cited5 opinions
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
- Burns v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1879
3Cited by19 opinions
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Ryan v. TowarMichigan Supreme Court · 1901
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
14 more not listed; retrieve them via the Exa API.