Doyle v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
1Opinion of the CourtHolmes, J.
This is an action of tort, brought under the Pub. Sts. c. 112, § 213, by an administrator to recover for the death of his intestate. It was admitted that the intestate was killed by a collision with the defendant’s engine, upon a crossing of a highway at grade within § 163, and there was evidence that neither the bell upon the engine was rung nor the whistle sounded. But the defendant denies that “ it appears that such neglect contributed to the injury,” as required by § 213, and argues that to allow the connection to be inferred from the *387neglect and the accident alone is to make the clause…
2Cases cited8 opinions
- Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1884
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- St. Louis v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1913
26 more not listed; retrieve them via the Exa API.