French v. Taunton Branch Railroad
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries sustained by the plaintiff and for injury to the plaintiff’s horse, alleged to have been caused by the negligence of the defendant in the management of its train and by its failure to maintain a suitable flagman or signal to give warning of the approach of trains at a point upon a highway in Taunton which is crossed at grade by the road of the defendant.
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Tort to recover for personal injuries sustained by the plaintiff and for injury to the plaintiff’s horse, alleged to have been caused by the negligence of the defendant in the management of its train and by its failure to maintain a suitable flagman or signal to give warning of the approach of trains at a point upon a highway in Taunton which is crossed at grade by the road of the defendant. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The plaintiff testified: “ I am sixty-seven years of age. The accident happened at about four in…
1Opinion of the CourtEndicott, J.
This case was properly submitted to the jury. The circumstances were peculiar. As the plaintiff approached the crossing, a freight train was passing; and after the last car had passed, she attempted to cross. She was driving with care and watching the road ; she heard no signal, received no warning that other cars were coming, and saw no flagman. At a point forty-six feet from the centre of the track, she could have seen up the track forty-six feet; at thirty feet from the crossing, she could have seen the track for a long distance. She did not look in that direction when she reached those…
2Cases cited2 opinions
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by52 opinions
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Richmond v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1891
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Baltimore & Ohio & Chicago Railroad v. WalbornIndiana Supreme Court · 1891
- Chicago & Eastern Illinois Railroad v. BoggsIndiana Supreme Court · 1885
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