Austin v. Boston & Maine Railroad
This text of 41 N.E. 288 (Austin v. Boston & Maine Railroad) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We do not see how this case can be distinguished from Lovejoy v. Boston & Lowell Railroad, 125 Mass. 79, Thain v. Old Colony Railroad, 161 Mass. 353, and Goodes v. Boston & Albany Railroad, 162 Mass. 287. The plaintiff had been employed as a freight brakeman on the Rockport freight for two years or more, and had had occasion to go by this post nearly or quite every day. The post was only one of many structures as near to the track as it was, and the plaintiff must be held to have taken the risk of injury from its proximity, whether he actually knew of the danger or not. The slight sagging of the post towards the track, of which there was evidence, is not shown to have had anything to do with the injury to the plaintiff.
Judgment for the defendant.
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Cite This Page — Counsel Stack
41 N.E. 288, 164 Mass. 282, 1895 Mass. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-boston-maine-railroad-mass-1895.