Sullivan v. Old Colony Railroad
This text of 26 N.E. 240 (Sullivan v. Old Colony 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 think that the evidence not only fails to show the exercise of due care on the part of Edward M. Sullivan, but tends to show that he was careless. He attempted to cross the track in the daytime, when a locomotive engine, as he knew, was expected soon to pass by, and could be seen approaching for a considerable distance if he had looked to see it, and there was no evidence that he looked to see it; but there was evidence that his back was turned towards the engine “ till just as the engine struck him.” It does not clearly appear that his duty [120]*120required him to cross the tracks towards the west, and then to cross back again; but if we assume this, still there is not sufficient evidence of due care on his part.
Judgment on the verdict.
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Cite This Page — Counsel Stack
26 N.E. 240, 153 Mass. 118, 1891 Mass. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-old-colony-railroad-mass-1891.