Harvey v. Eastern Railroad Co.

Massachusetts Supreme Judicial Court
Harvey v. Eastern Railroad Co., 116 Mass. 269 (Mass. 1874)
1874 Mass. LEXIS 75
Gray

Harvey v. Eastern Railroad Co.

Opinion of the Court

Gray, C. J.

The jury, if they were governed by the instruction of the court, have found that the plaintiff attempted to get upon the train after it had started and while it was in motion. Such an attempt, in the absence of evidence of any circumstance's tending to excuse it, conclusively showed, as matter of law, that the plaintiff was not in the exercise of due care.

Exceptions overruled.

Reference

Full Case Name
Samuel W. Harvey v. Eastern Railroad Company
Cited By
12 cases
Status
Published