Craig v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for an injury occasioned to Joseph Craig, the plaintiff's testator, by a train of the defendant coming into collision with a wagon, in which he was driving, at a crossing of the railroad and a highway in Springfield.
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Tort for an injury occasioned to Joseph Craig, the plaintiff's testator, by a train of the defendant coming into collision with a wagon, in which he was driving, at a crossing of the railroad and a highway in Springfield. Trial in the Superior Court before Brigham, C. J., who allowed a bill of exceptions in substance as follows: The jury took a view of the premises, and the plaintiff contended that the view disclosed to them that the railroad runs north and south through Springfield, crossing Bridge Street near the centre of the city, which street runs east and west; that the end of a freight…
1Opinion of the CourtGray, C. J.
There was evidence that the deceased was prevented by the buildings on either side of the highway from seeing the approaching engine until he had driven upon the railroad track; that the place was one across and near which engines and cars of all kinds were constantly moving; and that the gates were not shut across the highway, and there was no flag or lantern at the crossing, as had been usual when an engine or train 9Í cars was about to pass while the gates were not so shut. There was nothing to show that he neglected any precaution before reaching the crossing, or had any reason to think…
2Cited by10 opinions
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- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
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