June v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, under the Pub. Sts. c. 112, § 212, by the administratrix of the estate of Charles K. June, for causing his death. At the trial in the Superior Court, before Thompson, J., there was evidence tending to prove the following facts. The intestate was run over and killed, on November 17, 1887, by an express passenger train on the defendant’s railroad, near its station in Allston.
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Tort, under the Pub. Sts. c. 112, § 212, by the administratrix of the estate of Charles K. June, for causing his death. At the trial in the Superior Court, before Thompson, J., there was evidence tending to prove the following facts. The intestate was run over and killed, on November 17, 1887, by an express passenger train on the defendant’s railroad, near its station in Allston. This station is situated on the south side of the railroad, which at this point runs from east to west and consists of four main tracks and a side track. The most northerly main track was used for west-bound trains,…
1Opinion of the CourtHolmes, J.
The plaintiff’s intestate was not a passenger. We do not think argument necessary to show that a man walking toward a railroad station with the intention of buying a ticket and taking a train after he gets there, is not a passenger .before he reaches the station, even if he might be one in the *82same place if he had begun his journey. Dodge v. Boston & Bangor Steamship Co. 148 Mass. 207.
There was no evidence of negligence on the part of the corporation, or of unfitness or gross negligence of its servants. Pub. Sts. c. 112, § 212. See Commonwealth v. Boston Maine Railroad, 133 Mass. 383. The…
2Cases cited5 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Metcalfe v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1888
- Byrne v. New York Central & Hudson River RailroadNew York Court of Appeals · 1887
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
- Donnelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by17 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Chicago & Eastern Illinois Railroad v. JenningsIllinois Supreme Court · 1901
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
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