Legal Opinion
O'BRIEN v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Decided July 1, 1953PublishedCited by 4 opinions
1Opinion of the CourtLummus, J.
These cases are actions of tort resulting from a collision on June 16, 1939, between one and two o’clock in the morning, between a train of the defendant and a truck owned by the plaintiff Liberty Liquors Inc., and driven by the plaintiff O’Brien. O’Brien sued for personal injury, and the corporate plaintiff sued for injury to its truck. The report of an auditor whose findings of fact ' were not final was in evidence. A jury on December 11,1950, gave damages to each plaintiff. It was agreed that the railroad crossing was at grade and was on a private way, not a public way. The answer in each…
2Cases cited17 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Gregory v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1945
- Glaser v. SchroederMassachusetts Supreme Judicial Court · 1929
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3Cited by4 opinions
- Commonwealth v. RiesMassachusetts Supreme Judicial Court · 1958
- Barton v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1955
- Fay v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1959
- Bates v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1955