Ellis v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for, personal injuries occasioned to the plaintiff by being struck by the defendant’s locomotive engine and tender at Charlestown, in Boston. Trial in the Superior Court, before Bishop, J., who directed the jury to render a verdict for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtBarker, J.
Upon the evidence there was no dispute as to how the plaintiff was hurt. He stood upon the street, upon one side of the railroad, intending to walk upon the street to the other side of the railroad. There were the usual gates, which were down, and a passenger train stood upon the rails next him. The train moved on, and when its rear end had left half of the width of the street free the gates rose, and he started across the railroad. He passed the track which the train had left, and when he stepped upon the other track was struck by an engine and tender backing down upon that track, and moving…
2Cases cited5 opinions
- Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
- Chase v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1897
- Merrigan v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
- Winslow v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by25 opinions
- Crawford v. Southern Pacific Co.California Supreme Court · 1935
- Koch v. Southern California Ry. Co.California Supreme Court · 1906
- Gregg v. Western Pacific RailroadCalifornia Supreme Court · 1924
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Lundergan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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