Griffin v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, for causing the death of the plaintiff’s intestate. At the trial in the Superior Court, before Barlcer, J., the plaintiff offered to prove the following facts.
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Tort, for causing the death of the plaintiff’s intestate. At the trial in the Superior Court, before Barlcer, J., the plaintiff offered to prove the following facts. On or about June 9, 1886, Bartholomew Griffin, the intestate, was employed by the defendant as a night watchman at its passenger station, in Springfield, his duties being, among other things, to preserve order during the night throughout the station, and to look out for persons crossing the tracks and see that they were not injured by passing trains. In this station there are three tracks, running east and west, and at about…
1Opinion of the CourtC. Allen, J.
The two things to be considered are, whether in view of the plaintiff’s offer of proof he was entitled to go to the jury upon the questions of the want of due care on the part of the defendant, and of the exercise of due care on the part of the plaintiff’s intestate; and both of these matters must be determined upon the assumption that the plaintiff proved his case according to his offer, and that the. defendant offered nothing by way of explanation.
1. Upon the question whether there was enough evidence of a want of due care on the part of the defendant, the difficulty is not so much in the…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
55 more not listed; retrieve them via the Exa API.