Sweeny v. Old Colony & Newport Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages for a personal injury sustained by being run over by the defendants’ cars, while the plaintiff wa? crossing their railroad by license, on a private way leading from South Street to Federal Street, in Boston.
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Tort to recover damages for a personal injury sustained by being run over by the defendants’ cars, while the plaintiff wa? crossing their railroad by license, on a private way leading from South Street to Federal Street, in Boston. At the triai in this court, before Chapman, J., it appeared that this private way, which is called Lehigh Street, was made by the South Cove Corporation for their own benefit, and that they own the fee of it; that it is wrought as a way, and buildings are erected on each side of it, belonging to the owners of the way, and there has been much crossing there by the…
1Opinion of the CourtBigelow, C. J.
This case has been presented with great care on the part of the learned counsel for the defendants, who have produced before us all the leading authorities bearing on the question of law which was reserved at the trial. We have not found it easy to decide on which side of the line, which marks the limit of the defendants’ liability for damages caused by the acts of their agents, the case at bar falls. But on careful consideration we have been brought to the conclusion that the rulings at the trial were right, and that we cannot set aside the verdict for the plaintiff on the ground that it was…
2Cited by30 opinions
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- Mallet v. PickensWest Virginia Supreme Court · 1999
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