Commonwealth v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Indictment, in four counts, on the St. of 1874, c. 372, §§ 163, 164, to recover, for the use of the widow and only child of Sherburne T. Sanborn, a fine, by reason of the loss of his life, from being run over, on September 22, 1880, at a place in Wilmington where the defendant’s railroad crosses a highway at grade. At the trial in the Superior Court, before Gardner, J., the judge submitted the case to the jury upon the third -and fourth counts only.
Read the full summary
Indictment, in four counts, on the St. of 1874, c. 372, §§ 163, 164, to recover, for the use of the widow and only child of Sherburne T. Sanborn, a fine, by reason of the loss of his life, from being run over, on September 22, 1880, at a place in Wilmington where the defendant’s railroad crosses a highway at grade. At the trial in the Superior Court, before Gardner, J., the judge submitted the case to the jury upon the third -and fourth counts only. A general verdict of guilty on these counts was returned; and the defendant alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtC. Allen, J.
The first question to be considered in this case is, whether the third count of the indictment is good in itself, or is supported by the evidence. The count in substance charges that at a certain place the railroad crossed a highway upon the same level; that one Sanborn was travelling on the highway and in the exercise of due diligence; that a locomotive engine attached to a freight train was passing the place of intersection; that a locomotive engine was coming in the opposite direction; that, while the corporation was thus running the last-named locomotive engine, it was the duty of the…
2Cases cited4 opinions
- Commonwealth v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. Vermont & Massachusetts RailroadMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1879
3Cited by21 opinions
- Claassen v. United StatesSupreme Court of the United States · 1891
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. FlaggMassachusetts Supreme Judicial Court · 1883
16 more not listed; retrieve them via the Exa API.