Baxter v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort under R. L. c. 51, § 18, for personal injuries alleged to have been caused by a defect in or the want of a sufficient railing at the grade crossing of the defendant’s tracks with Massachusetts Avenue, á public highway, in that part of Arlington called Arlington Centre, which it was alleged to have been the duty of the defendant to maintain in safe condition and repair.
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Tort under R. L. c. 51, § 18, for personal injuries alleged to have been caused by a defect in or the want of a sufficient railing at the grade crossing of the defendant’s tracks with Massachusetts Avenue, á public highway, in that part of Arlington called Arlington Centre, which it was alleged to have been the duty of the defendant to maintain in safe condition and repair. Writ dated August 11, 1909. In the Superior Court the case was tried before Pratt, J. At the close of the evidence, which is described in the opinion, the judge ordered a verdict for the defendant, and by agreement of the…
1Opinion of the CourtDe Courcy, J.
Massachusetts Avenue in Arlington crosses the tracks of the defendant at grade. The planting maintained at the crossing under the provisions of St. 1906, c. 463, Part II, § 112, extended beyond the street line on the northerly side of the avenue, the extension being about three feet at the westerly side of the inward track, where the plaintiff was injured, and fifteen feet on the westerly side of the outward track. North of the planking was a drainage ditch, eighteen inches wide and about seven inches deep, continuing across both tracks. An unusually heavy rain storm had temporarily flooded…
2Cases cited11 opinions
- Noyes v. CaldwellMassachusetts Supreme Judicial Court · 1914
- Damon v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Marshall V. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1872
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Sullivan v. City of BostonMassachusetts Supreme Judicial Court · 1879
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3Cited by2 opinions
- New York Central & Hudson River Railroad v. ClarkeMassachusetts Supreme Judicial Court · 1917
- Porter v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919