Brooks v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Fessenden, J., who ruled that the plaintiff was not entitled to recover, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The plaintiff was standing upon the platform of the defendant’s railroad station, at the Roxbury crossing, in Boston, waiting to take a train, for which she had a ticket. It is not in controversy that she is to be regarded as a passenger. A much travelled public street, Tremont Street, crossed the railroad at grade, close by the station. Gates were down on each side of the track, as the train had just come in. A runaway horse came along the street, broke through the first gate, stopped a little at the second, turned towards the' station, passed between the locomotive engine and a telegraph…
2Cases cited12 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
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3Cited by10 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Penny v. . R. R.Supreme Court of North Carolina · 1910
- Anda v. Chicago, Duluth & Georgian Bay Transit Co.Michigan Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.