Savageau v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries due to the plaintiff being run into by a train of the defendant while, having purchased a ticket, he was waiting at Heywoods Station for the train.
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Tort for personal injuries due to the plaintiff being run into by a train of the defendant while, having purchased a ticket, he was waiting at Heywoods Station for the train. The declaration contained two counts, the first alleging as the cause of the plaintiff’s injury a negligent failure of the defendant to adopt, erect and maintain a suitable, proper and safe station, approaches and waiting places for passengers while lawfully upon the defendant’s premises at Heywoods Station, and the second count alleged as the cause of the injury a negligent, improper and careless management of one of…
1Opinion of the Court
Braley, J,
The only evidence as to the second count was a statement of a witness for the plaintiff, that the train came in fast, but, nothing more being shown, no inference could be drawn that the engineer was negligently running at such an excessive or unusual speed as to endanger the plaintiff, who among other passengers was waiting on the station platform for its arrival. Gerry v. New York, New Haven, Hartford Railroad, 194 Mass. 35, 37.
But if the ruling, that the plaintiff had failed to prove any liability of the defendant under this count, was right, he complains that under the first…
2Cases cited7 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Gardner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Marshall v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Howes v. GrushMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hutchinson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- McCarthy v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1928
- Dewey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Barakat v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1942
- McNally v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1950