Mugford v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
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
- Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. MilhoanSupreme Court of Kansas · 1887
- Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Ansteth v. Buffalo Railway Co.New York Court of Appeals · 1895
- Leonard v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by18 opinions
- Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Scoggins v. Atlantic & G. P. Cement Co.Supreme Court of Alabama · 1912
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Massell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
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