Treat v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by being thrown from a car on the defendant’s railroad. Answer, a general denial. At the trial in this court, before Ames, J., the plaintiff offered to prove the following facts : On April 19, 1875, that being the day of the centennial celebrations at Lexington and Concord, the plaintiff purchased a ticket at Boston for Lexington.
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Tort for personal injuries occasioned to the plaintiff by being thrown from a car on the defendant’s railroad. Answer, a general denial. At the trial in this court, before Ames, J., the plaintiff offered to prove the following facts : On April 19, 1875, that being the day of the centennial celebrations at Lexington and Concord, the plaintiff purchased a ticket at Boston for Lexington. He took his seat seasonably in the car, and, on being called upon, gave up his ticket to the conductor, requesting that he would stop at Munroe station. The conductor took the ticket, saying, “ I cannot punch…
1Opinion of the CourtDevens, J.
On both the material questions involved, there was evidence which should have been submitted to the jury.
The plaintiff did not appear to have been in the position of one who at his own risk voluntarily assumes an exposed position not intended for passengers. Gahagan v. Boston & Lowell Railroad, 1 Allen, 187. Todd v. Old Colony Railroad, 3 Allen, 18, and 7 Allen, 207. Hickey v. Boston & Lowell Railroad, 14 Allen, 429. He had been promised that the train should stop at Monroe station, and was justified in making proper preparations to leave the car there. It was a flag station, where the stop…
2Cases cited2 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Barden v. Boston, Clinton & Fitchburg RailroadMassachusetts Supreme Judicial Court · 1877
3Cited by14 opinions
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Nugent v. Boston, Concord & Montreal RailroadSupreme Judicial Court of Maine · 1888
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Lord v. Sherer Dry Goods Co.Massachusetts Supreme Judicial Court · 1910
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