Buckley v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 112, § 212, by the administrator of the estate of Daniel J. Buckley, for causing his death,' while an alleged passenger on the defendant’s railroad. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant, and, at the request of the parties, reported the case for the determination of this court.
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Tort, under Pub. Sts. c. 112, § 212, by the administrator of the estate of Daniel J. Buckley, for causing his death,' while an alleged passenger on the defendant’s railroad. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant, and, at the request of the parties, reported the case for the determination of this court. If the ruling was right, judgment was to be entered for the defendant; otherwise, the case was to stand for trial. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff’s intestate was killed by an express train which struck him as he was crossing the defendant’s tracks in the rear of another train. There is no contention .that, unless he was a passenger at the time, he was himself in the exercise of due care, but if he was a passenger it is not necessary to show that he was in the exercise of due diligence in order to recover under Pub. Sts. c. 112, § 212. Commonwealth v. Boston & Lowell Railroad, 134 Mass. 211.
We are of opinion that the deceased had ceased to be a passenger before he was struck by the express train, and that the verdict for…
2Cases cited3 opinions
- Commonwealth v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- McKimble v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1880
3Cited by5 opinions
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- Chicago & Alton Railroad v. WintersIllinois Supreme Court · 1898
- Winslow v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1896
- Kellogg v. SmithMassachusetts Supreme Judicial Court · 1901
- Miller v. Pacific Electric Ry. Co.California Supreme Court · 1915