Duggan v. New England R. Co.
| Decision Date | 06 January 1899 |
| Citation | 172 Mass. 337,52 N.E. 519 |
| Parties | DUGGAN v. NEW ENGLAND R. CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
This was an action to recover for an injury caused by a collision of the defendant's engine with a sleigh in which the plaintiff was riding at a grade crossing in the town of Franklin. The plaintiff was riding with one Desjarlais, who was driving, in an open sleigh drawn by a single horse, on a highway leading from Franklin towards Woonsocket, and crossing the defendant's railroad at grade at a crossing known as "Clark's Crossing." The plaintiff and one Desjarlais testified that they approached the crossing about 10 minutes past 6 on the evening of February 2, 1897; that when within 25 or 30 yards of the crossing they stopped and listened; that there were some obstructions that prevented a view of the railroad in the direction from which the train came; that there was no whistle and no bell sounded upon the locomotive as the train approached; that they had no bells on their own horse or sleigh; that it was in the country, and there were no sounds to prevent their hearing any noise that might be made. They testified further that there was no bell and no whistle sounded by the locomotive; that they started to cross the railroad at the crossing; when nearly over the crossing, they saw the train right upon them; it struck the sleigh, causing the injury complained of; that they did not hear the train until it was right upon them. There was evidence tending to show that the whistling post was only 1,209 feet from the crossing, instead of 80 rods, as prescribed by the law. The engineer testified that he blew the whistle in the neighborhood of the whistling post; and the fireman testified that the whistle was blown at the whistling post and the bell rung from the time the whistle ceased blowing to and over the crossing. Other witnesses testified to the blowing of the whistle and the ringing of the bell at points as far distant as the whistling post, or further. There was evidence that the train was running from 35 to 40 miles an hour. The judge instructed the jury that if the whistle was blown only at a point 1,209 feet from the crossing, and the whistle and bell were then blown or rung continuously or alternately to and over the crossing, that would be a violation of the law, and the plaintiff, so far as that matter was concerned, would have made out his case. He then instructed the jury...
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