Craig v. New York, N. H. & H. R. Co.
Citation | 118 Mass. 431 |
Parties | Mary Craig, executrix, v. New York, New Haven and Hartford Railroad Company |
Decision Date | 29 September 1875 |
Court | United States State Supreme Judicial Court of Massachusetts |
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Hampden. Tort for an injury occasioned to Joseph Craig, the plaintiff's testator, by a train of the defendant coming into collision with a wagon, in which he was driving, at a crossing of the railroad and a highway in Springfield. Trial in the Superior Court before Brigham, C. J., who allowed a bill of exceptions in substance as follows:
The jury took a view of the premises, and the plaintiff contended that the view disclosed to them that the railroad runs north and south through Springfield, crossing Bridge Street near the centre of the city, which street runs east and west; that the end of a freight house comes within a few feet of the north line of the street; that the crossing is a grade crossing such as is described and referred to in the St. of 1871, c. 352; that in passing along Bridge Street from the east to the west, (as was the deceased in this case,) the tracks of the defendant road are concealed from the view of the traveller upon Bridge Street, and that such traveller cannot see whether trains or engines are approaching from either direction, by reason of such concealments of the tracks by the depot buildings and freight cars of the defendant road, until he gets upon the tracks at the crossing, to the place where the deceased testified he was when he first saw the approaching train; that Bridge Street was a great thoroughfare, the only highway leading across the Connecticut River westward from Springfield; that the crossing is forty-six feet wide east and west, and the street forty-four feet wide; that six tracks cross the street, but that upon the north side of the street, from twelve to twenty tracks are laid, all connected by switches with the tracks that cross the street in such manner that a person upon any of the tracks of the street at the time of day the injury was received in this case, could not tell which track an approaching engine would take in passing over Bridge Street.
The defendant contended that the view disclosed a very different state of facts from that claimed by the plaintiff, but the judge stated that he should make the ruling in view of the claim made by the plaintiff, as to what the view disclosed.
The engine which caused the injury was attached to a regular passenger train going southward, and was upon the west track, which was the regular track for down trains.
The plaintiff put in the deposition of Joseph Craig, the deceased, which was made part of the bill of exceptions, and the material parts of which were as follows:
Cross-examined -- ...
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