Connolly v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by being run down by the defendant’s locomotive engine at the station on the defendant’s road at Readville. Trial in the Superior Court, before Maynard, J.,who directed a verdict for the defendant; and the plaintiff alleged exceptions, the material portions of which appear in the opinion. The case was argued at the bar in November, 1892, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries, and the question is whether the plaintiff should have been allowed to go to the jury, or whether there was no sufficient evidence of due care on his part. The defendant’s negligence is admitted. At the place of the injury, which was the Readville station on the defendant’s road, there were two tracks. The plaintiff had been travelling away from Boston on the westerly of the two, which was the outward track. He alighted on the easterly side, between the two tracks, and started to cross the easterly track, when he was run down by an incoming train. On…
2Cases cited3 opinions
- Debbins v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Young v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by10 opinions
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Clark v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Atlantic City Railroad v. GoodinSupreme Court of New Jersey · 1898
- Tubbs v. Michigan Central RailroadMichigan Supreme Court · 1895
- Young v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
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