Wheelwright v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by being struck by a locomotive engine belonging to the defendant. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to show the following facts: The defendant’s railroad at Newton consists of two tracks, the southern track being used for trains running toward Boston, and the northern track for trains from Boston.
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Tort for personal injuries occasioned to the plaintiff by being struck by a locomotive engine belonging to the defendant. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff introduced evidence tending to show the following facts: The defendant’s railroad at Newton consists of two tracks, the southern track being used for trains running toward Boston, and the northern track for trains from Boston. The station building, in which are the ticket-office, baggage-room, etc., is on the south side of the road, and is one hundred and…
1Opinion of the CourtColburn, J.
In Chaffee v. Boston & Lowell Railroad, 104 Mass. 108, which was in some respects a similar case to the one at bar, the court say: “ The plaintiff must show, by positive evidence, in cases of this description, that he was in the exercise of due care, and that his want of it did not contribute to the injury of which he complains. If, as a matter of common knowledge and experience, the court can see that, upon all the undisputed facts, the plaintiff was not in the exercise of ordinary care, ánd that the injury he received was in part attributable to his want of it, the jury may be properly…
2Cases cited1 opinion
- Chaffee v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
3Cited by19 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1924
- Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
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