Hickey v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages for a personal injury sustained by Thomas Hickey, the plaintiff’s intestate, while riding upon a passenger car of the defendants.
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Tort to recover damages for a personal injury sustained by Thomas Hickey, the plaintiff’s intestate, while riding upon a passenger car of the defendants. At the trial in this court, before Ghapmcm, J., there was evidence tending to show that the defendants were in the habit of running a passenger train from Boston to Woburn Centre and back; that they had a smoking car which ran in front of the other passenger cars; that about five hundred feet before coming into the station in Woburn Centre the smoking car was disconnected from the other passenger cars, and the engine and smoking car switched…
1Opinion of the CourtWells, J.
It is well settled that a party cannot recover for injuries caused by negligence, if he himself failed to exercise proper care, and his own negligence contributed to the result. It is also well settled that the plaintiff must show affirmatively that he was in the exercise of due care upon his own part. Lane v. Crombie, 12 Pick. 177. Carsley v. White, 21 Pick. 254. Callahan v. Bean, 9 Allen, 401. If the injury happen while the party is occupying a place provided for the accommodation of *432passengers, nothing further is ordinarily necessary to show due care. But when the plaintiff’s own evidence…
2Cited by8 opinions
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Payne v. DoubtfulCourt of Appeals of Texas · 1921
- Savage v. Illinois Central RailroadAppellate Court of Illinois · 1911
- Coyle v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1900
- Williams v. Monongahela Connecting RailroadSupreme Court of Pennsylvania · 1909
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