England v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by falling under a train on the defendant’s railroad, in which she was being carried from Boston to Malden, as she was alighting from the train at or near a station in the latter city. Trial in the Superior Court, before Aldrich, J., who ordered a verdict for the defendant; and the plaintiff alleged exceptions, which, so far as material to the point decided, appear in the opinion.
1Opinion of the CourtMorton, J.
Without considering the question whether there was any evidence of negligence on the part of the defendant, and without implying that there was, we are of opinion that the conduct of the plaintiff was such as to prevent her from recovering, on the ground that there was a want of due care on her part. It is clear from her testimony that she attempted to alight from the train while it was in motion. She admitted on cross-examination that the train must have been in motion when she got up from her seat, and as she walked through the car to the rear platform, and as she stepped out on to the…
2Cited by27 opinions
- Dokus v. PalmerSupreme Court of Connecticut · 1943
- Fitzgerald v. Des Moines City Railway Co.Supreme Court of Iowa · 1926
- Mearns v. Central Railroad of New JerseyNew York Court of Appeals · 1900
- Fletcher v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Floytrup v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
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