McDonnell v. Pittsfield & North Adams Railroad
Massachusetts Supreme Judicial Court
Tort to recover for the loss of two colts which were run over and killed by the defendant’s engine. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared: The colts, being on the highway, in the care of the plaintiff’s son, escaped from, his control, and, the fence being insufficient, entered, without the consent of the owner, a lot known as the Wells lot, and passing over that entered upon the track of the defendant’s railroad and were…
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Tort to recover for the loss of two colts which were run over and killed by the defendant’s engine. At the trial in the Superior Court, before Brigham, C. J., the following facts appeared: The colts, being on the highway, in the care of the plaintiff’s son, escaped from, his control, and, the fence being insufficient, entered, without the consent of the owner, a lot known as the Wells lot, and passing over that entered upon the track of the defendant’s railroad and were there struck by the engine of a passing train and killed. There was no fence between the Wells lot and the railroad. At the…
1Opinion of the CourtDevens, J.
We are not required to consider whether the defendant is under an obligation to maintain a fence between its road and the Wells lot, as even if we assume that it is under such an obligation, the plaintiff is not in such a situation that he can complain of the neglect to maintain the fence.
*565If the railroad corporation is obliged to fence as against the Wells lot, this, so far as that lot is concerned, is only for the protection of the owner or rightful occupier thereof. It is not obliged to fence for the benefit of landowners, whose lands do not adjoin its road, and whose cattle may stray…
2Cases cited4 opinions
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
- Keliher v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- New York Cent. & H. R. R. v. PriceCourt of Appeals for the First Circuit · 1908
- Darling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Byrnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
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