Dewire v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while riding upon the platform of a car of the defendant. At the trial in the Superior Court, before Sherman, J., evidence was introduced tending to prove that on the afternoon of January 22, 1887, the defendant had taken a train on the Eastern Division of the defendant’s railroad at Boston in ojder to go to Malden; that, having ascertained that the train did not stop at Malden, he left it when it made the stop required…
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Tort for personal injuries occasioned to the plaintiff while riding upon the platform of a car of the defendant. At the trial in the Superior Court, before Sherman, J., evidence was introduced tending to prove that on the afternoon of January 22, 1887, the defendant had taken a train on the Eastern Division of the defendant’s railroad at Boston in ojder to go to Malden; that, having ascertained that the train did not stop at Malden, he left it when it made the stop required by law before crossing the tracks of the Fitchburg Railroad, at or near Austin Street, in Charlestown, and got upon a…
1Opinion of the CourtField, J.
It must be considered that the defendant held out no inducement or invitation to the plaintiff to take the train at the place where he took it, but that the jury might find, on the evidence, that the defendant permitted passengers to take trains at' this place, and that the plaintiff, in taking the train, intended to become a passenger; and it is with reference to a person who takes a train under such circumstances, and with such an intent, that the correctness of the instructions asked for must be determined. The plaintiff was not a trespasser in taking the train, and when he had reached in…
2Cases cited2 opinions
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- Stewart v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by16 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Breault v. Ford Motor CompanyMassachusetts Supreme Judicial Court · 1973
- Sickles v. Missouri, Kansas & Texas Railway Co.Court of Appeals of Texas · 1896
- Woods v. Southern Pacific Co.Utah Supreme Court · 1893
- Testa v. Kaluzny Brothers, Inc.Appellate Court of Illinois · 1974
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