Santora v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, a child twenty-seven months old, while she was trespassing upon the railroad track of the defendant near Valley Street in Marlborough, by being run over by a locomotive engine which was running backward drawing four loaded freight cars.
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Tort for personal injuries received by the plaintiff, a child twenty-seven months old, while she was trespassing upon the railroad track of the defendant near Valley Street in Marlborough, by being run over by a locomotive engine which was running backward drawing four loaded freight cars. Writ dated September 19, 1908. In the Superior Court the case was tried before King, J. The declaration contained three counts, but it was submitted to the jury only upon the first count, which alleged as the cause of the accident careless, reckless and wanton conduct on the part of the defendant’s…
1Opinion of the CourtSheldon, J.
The plaintiff was a trespasser upon the defendant’s track. She went upon it without any invitation or inducement, or even any Hcense or permission, from the defendant. Accordingly the only legal duty which the defendant owed to her was to abstain from doing her any wilful or wanton injury. For mere negligence, even for gross negligence, no matter how great the injury it might cause to her, she could have no redress against the defendant. Khinoveck v. Boston & Maine Railroad, 210 Mass. 170. It is not a question of the due care of the plaintiff or of her parents, and her rights are no greater…
2Cases cited3 opinions
- Yancey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Khinoveck v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Willis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
3Cited by5 opinions
- Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- McIntyre v. ConverseMassachusetts Supreme Judicial Court · 1921
- Davis v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Pritchard v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1936
- Martin v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1931