Legal Opinion

Mugford v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided March 2, 1899PublishedCited by 18 opinions

Tort, for personal injuries. Trial in the Superior Court, before Fessenden, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtHolmes, J.

The plaintiff, a boy eleven and a half years old, was “ stealing a ride ” upon a freight car of the defendant. He was on one side of the car, with his feet on the truss-bar and one or both hands on the handle of the door. The train was moving slowly from a station in East Boston, and starting for Revere. A brakeman on top of the car saw the boy, came toward him, raised his hand, and said, “ Get off.” The boy looked to see where he was jumping and then jumped off, landed on a pile of cinders as he seems to have intended to, and slipped under the car, which cut off both his legs. This is the…

2Cases cited4 opinions

  1. Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. MilhoanSupreme Court of Kansas · 1887
  2. Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
  3. Ansteth v. Buffalo Railway Co.New York Court of Appeals · 1895
  4. Leonard v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898

3Cited by18 opinions

  1. Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
  2. Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
  3. Scoggins v. Atlantic & G. P. Cement Co.Supreme Court of Alabama · 1912
  4. Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
  5. Massell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API