Emery v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of William J. Stacy, to recover damages for the death of the plaintiff’s intestate at the grade crossing of the railroad of the defendant over Holland Street in West Somerville. The declaration contained two counts, the first under the Pub. Sts. c. 112, § 212, and the second under § 213 of the same chapter.
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Tort, by the administrator of the estate of William J. Stacy, to recover damages for the death of the plaintiff’s intestate at the grade crossing of the railroad of the defendant over Holland Street in West Somerville. The declaration contained two counts, the first under the Pub. Sts. c. 112, § 212, and the second under § 213 of the same chapter. Trial in the Superior Court, before Maynard, J., who; at the close of the evidence for the plaintiff, ruled that the action could not be maintained on either count; and directed the jury to return a verdict for the defendant. The plaintiff alleged…
1Opinion of the CourtLathrop, J.
The accident in this case occurred on May 7, 1895, at about half past eight o’clock in the evening. The *137defendant company at the place of the accident maintained two tracks, one used for inward and the other for outward trains, the southerly one being used for inward trains. From Holland Street, both of the tracks extended towards the east in a straight line for about a mile, so that one standing on the sidewalk on Holland Street fifteen feet south of the inbound track had a clear and unobstructed view to, the eastward along both of the tracks for practically a mile. The view on some portions…
2Cases cited10 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
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3Cited by15 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Texas & New Orleans Railroad v. BurdenTexas Supreme Court · 1947
- Gulf, C. & S. F. Ry. Co. v. GaddisTexas Commission of Appeals · 1919
- Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
10 more not listed; retrieve them via the Exa API.