Legal Opinion

French v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided May 23, 1918PublishedCited by 7 opinions

Tort for personal injuries received when the plaintiff, who was ■employed by the United States to receive the mail at the defendant’s station at Weston, was run into by one of the defendant’s railroad trains. Writ dated February 19, 1916. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion.

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Tort for personal injuries received when the plaintiff, who was ■employed by the United States to receive the mail at the defendant’s station at Weston, was run into by one of the defendant’s railroad trains. Writ dated February 19, 1916. In the Superior Court the case was tried before Morton, J. The material evidence is described in the opinion. At the close of the evidence the judgje ordered a verdict for the defendant and, by agreement of the parties, reported the case for determination by this court, judgment to be entered upon the verdict for thé defendant if his ruling was correct, and,…

1Opinion of the CourtCrosby, J.

There was evidence that the plaintiff had a contract with the federal government to carry the mail from mail trains, when they arrived at the railroad station in Weston, to the post office in that town. He had rendered this service under similar contracts for about thirty years before January 31, 1914, when he was struck by an engine of the defendant and received the injuries for which this action is brought.

The defendant maintains a single track in Weston, which .runs east and west, the station being on the southerly side. ’Opposite the station — north of the main track — there is a long…

2Cases cited9 opinions

  1. Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
  2. Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
  3. Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
  4. Flaherty v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
  5. Palmer v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917

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3Cited by7 opinions

  1. State Ex Rel. Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1920
  2. Fay v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1959
  3. Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
  4. Ward v. New York Central RailroadMassachusetts Supreme Judicial Court · 1924
  5. Papandrianos v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1923

2 more not listed; retrieve them via the Exa API.

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