Legal Opinion

McLaughlin v. Old Colony Railroad

Massachusetts Supreme Judicial Court

Decided May 25, 1896PublishedCited by 1 opinion

Tort, for personal injuries. While the case was pending in the Superior Court, an agreement of reference was made. The questions upon the construction thereof, of the rule of court, and of the doings of the referees thereunder, are stated in the opinion.

1Opinion of the CourtMorton, J.

This -was an action of tort, to recover of the defendant for injuries received in falling, on the Roxbury crossing of the defendant’s railroad, on ice which was caused, it is alleged, by water negligently and carelessly allowed by the defendant to fall from its engine and cars while passing over the crossing, and negligently allowed by it to remain there and freeze. The action was originally brought against the defendant and the city of Boston, but was afterwards discontinued against the city and prosecuted against the defendant alone. By agreement of parties, the case was referred, under a…

2Cases cited2 opinions

  1. Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
  2. Nelson v. AndrewsMassachusetts Supreme Judicial Court · 1806

3Cited by1 opinion

  1. Newburyport Water Co. v. City of NewburyportMassachusetts Supreme Judicial Court · 1897

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