Maynard v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for the killing of a horse on the Newburyport Railroad by the defendants’ locomotive engine. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: I', was proved or admitted at the trial that the railroad was built and owned by a corporation chartered by the laws of Massachusetts, called the Newburyport Railroad Company, and at the time of the accident the defendants were operating the railroad, under a lease.
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Tort for the killing of a horse on the Newburyport Railroad by the defendants’ locomotive engine. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows: I', was proved or admitted at the trial that the railroad was built and owned by a corporation chartered by the laws of Massachusetts, called the Newburyport Railroad Company, and at the time of the accident the defendants were operating the railroad, under a lease. The horse in question was owned by the plaintiff, and was kept by him upon an island in the Merrimack River, it had crossed the…
1Opinion of the CourtGray, C. J.
If the horse had been rightfully upon the defendants’ land, it would have been their duty to exercise reasonable care to avoid injuring the horse. But it being admitted by the plaintiff that his horse was trespassing upon the railroad, they did not owe him that duty, and were not liable to him for anything short of a reckless and wanton misconduct of those employed in the management of their train. The defendants were therefore entitled to the instruction which they requested. Tonawanda Railroad v. Munger, 5 Denio, 255; S. C. 4 Comst. 349. Vandegrift v. Rediker, 2 Zab. 185. Railroad Co. v.…
2Cases cited2 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- New York Cent. & H. R. R. v. PriceCourt of Appeals for the First Circuit · 1908
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Darling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Byrnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
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