Houlihan v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, §§ 2, 3, by the plaintiff, as one of the next of kin of Michael Houlihan, for causing his death. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtBarker, J.
1. The present is not a case in which the cause of the accident and the conduct of the deceased must be wholly left to conjecture. The evidence justifies a finding that, while walking upon a trestle helping a fellow workman push a hand car, the deceased was thrown from the trestle by the breaking of a plank, a part of which was found next to his body upon the ground. Assuming that he fell because he stepped outside the rail, could the jury find that act to be consistent with due care? No doubt it was less dangerous to walk inside the rails, and not only was he present when a caution to keep…
2Cases cited2 opinions
- Daly v. New Jersey Steel & Iron Co.Massachusetts Supreme Judicial Court · 1891
- Hodnett v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by13 opinions
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Herrick's CaseMassachusetts Supreme Judicial Court · 1914
- Bortle v. Northern Pacific Railway Co.Washington Supreme Court · 1910
- Fierro's CaseMassachusetts Supreme Judicial Court · 1916
- Kenney's CaseMassachusetts Supreme Judicial Court · 1916
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