Murphy v. Boston and Albany Railroad
Massachusetts Supreme Judicial Court
Tout for injuries sustained by the plaintiff by being struck by the defendant’s cars. Trial in this court, before Morton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff was struck by the defendant’s cars, while he was crossing its tracks between South Street and Albany Street, both largely travelled public streets and thoroughfares, in Boston, at a place where a public street called Harvard Street, which ended at Albany Street, would have passed…
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Tout for injuries sustained by the plaintiff by being struck by the defendant’s cars. Trial in this court, before Morton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff was struck by the defendant’s cars, while he was crossing its tracks between South Street and Albany Street, both largely travelled public streets and thoroughfares, in Boston, at a place where a public street called Harvard Street, which ended at Albany Street, would have passed if extended to South Street. Said crossing was between, and a mode of access to, two freight-houses of the defendant.…
1Opinion of the CourtField, J.
The instructions given were in accordance with the law as laid down in Sweeny v. Old Colony & Newport Railroad, *12510 Allen, 368. In that case there was evidence that the flagman made a signal with his flag, indicating that it was safe to cross ; in other material respects the cases are similar. If there was evidence sufficient for the jury to find that the defendant held, out the crossing as a suitable place for foot passengers to cross, so that the plaintiff may be said to have attempted to cross as he did, by the inducement or invitation of the defendant, then the instructions were correct. But…
2Cited by25 opinions
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
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