Allen v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff in a collision between an ice cart that he was driving and a train of the defendant at the Marble Ridge grade crossing in North Andover.
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Tort for personal injuries received by the plaintiff in a collision between an ice cart that he was driving and a train of the defendant at the Marble Ridge grade crossing in North Andover. Writ in the Superior Court for the county of Essex dated July 26, 1906. There was a trial before Bell, J. Besides testifying as stated in the opinion, the plaintiff in cross-examination stated that there were sides to his wagon and the seat was back so that the only view he had, without leaning out around the side, was straight ahead. He admitted, at first, that when he looked as he testified, twenty-five…
1Opinion of the CourtRugg, J.
This is an action of tort for personal injuries received by the plaintiff at a crossing at grade of a highway with a single track branch of the defendant. The plaintiff was driving a pair of gentle- easily controlled horses hitched to an ordinary ice cart. He crossed the track of the defendant by an overhead bridge just south of a station of the defendant, and drove down and along the highway, which was an irregular semicircle to the northward, a distance of four hundred seven feet to the grade crossing, which was north of the station. The first half of this distance was a descending grade of…
2Cases cited5 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Roberts v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Hamblin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Manley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Raymond v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
3Cited by8 opinions
- Germaine v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1937
- Fogg v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1916
- Brown v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
- O'Meara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931
- Morrissey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913
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