Horan v. Boston & M. R. R.
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. Action at law by David Horan against the Boston & Maine Railroad. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
ALDRICH, District Judge.
In this case the Circuit Court directed the jury to return a verdict for the defendant. It is apparent that this course was pursued solely on the ground that the plaintiff was not in the exercise of due care. We think the court was unquestionably right, because it is clear, upon the plaintiff’s own testimony, that he was indifferent to the dangerous situation in which he voluntarily placed himself.
It appears from the record that he was acquainted with the locality in question and had been for years. There is no contention that he was not in full possession of his…
2Cases cited2 opinions
- Boston & M. R. R. v. McGrathCourt of Appeals for the First Circuit · 1910
- Allen v. New York, N. H. & H. R. Co.Court of Appeals for the First Circuit · 1909
3Cited by2 opinions
- Northern Pac. Ry. Co. v. TrippCourt of Appeals for the Eighth Circuit · 1915
- Boston & M. R. R. v. TitcombCourt of Appeals for the First Circuit · 1916