Legal Opinion

Doyle v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided January 2, 1888PublishedCited by 31 opinions

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

  1. Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1884
  2. Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
  3. Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
  4. Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
  5. Commonwealth v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
  3. Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
  4. Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
  5. St. Louis v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1913

26 more not listed; retrieve them via the Exa API.

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