Bates v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff, on November 4, 1885, in an accident upon the defendant’s railroad while he was riding in a baggage car. At the trial in the Superior Court, before Sherman, J., evidence was introduced tending to prove the following facts.
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Tort for personal injuries sustained by the plaintiff, on November 4, 1885, in an accident upon the defendant’s railroad while he was riding in a baggage car. At the trial in the Superior Court, before Sherman, J., evidence was introduced tending to prove the following facts. It was conceded by the defendant, that the accident resulted from negligence on the part of its servants, and that the plaintiff, if rightfully in the car, was, at the time of the accident, in the exercise of due care. None of the passenger cars in the same train with the baggage car were thrown from the track by the…
1Opinion of the CourtW. Allen, J.
The rules of the defendant prohibited passengers from riding in baggage cars, and the plaintiff had no right as a passenger to ride where he was riding at the time he was injured. He was there under a special contract, by which, in consideration that the defendant would allow him to ride in the baggage cars, he assumed all risk of accident and injuries resulting therefrom, and agreed to hold the defendant free and-discharged from all claims and demands growing out of any injury received by him while so riding. The parties plainly intended to include injuries resulting from the negligence of…
2Cases cited4 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
- Griswold v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Sargent v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
3Cited by36 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
- The OceanicaCourt of Appeals for the Second Circuit · 1909
- Louisville, New Albany & Chicago Railway Co. v. KeeferIndiana Supreme Court · 1896
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