Jones v. Housatonic Railroad
Massachusetts Supreme Judicial Court
■Tort for injuries sustained by the plaintiff while travelling on & highway in Stockbridge, and alleged to have been caused by the defendants’ negligence.
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■Tort for injuries sustained by the plaintiff while travelling on & highway in Stockbridge, and alleged to have been caused by the defendants’ negligence. At the trial in the superior court, before Devens, J., the plaintiff introduced evidence tending to show that the defendants’ railroad crossed a highway in Stockbridge at a place called Glendale, where they maintained a station; that planks were laid between the rails in the highway, but not across the whole width of it; that the ordinary course of travel upon the highway was over the planks; and that at the defendants’ station near the…
1Opinion of the CourtAmes, J.
The instructions requested by the defendants were rightfully refused. The right of a railroad corporation to use and occupy a part of the public highway, for the purpose of loading and unloading freight, (if any such right can be said to exist,) must be subordinate to the lawful use of the highway for general purposes of travel. The rule contended for by the defendants would allow them to use machinery and implements within the limits of a highway, such as might naturally frighten horses and in that way endanger travellers who were in the exercise of due care and diligence. People v.…
2Cases cited1 opinion
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by10 opinions
- Board of Commissioners v. BrownIndiana Supreme Court · 1883
- Golden v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Turner v. BuchananIndiana Supreme Court · 1882
- Dunn v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1899
- Card v. City of EllsworthSupreme Judicial Court of Maine · 1876
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