Harvey v. Eastern Railroad Co.
Harvey v. Eastern Railroad Co.
116 Mass. 269; 1874 Mass. LEXIS 75
Cases that cite this one
8 later published cases cite this decision.
- Bertram v. Peoples Railway Co. (Mo. 1900)
- Friend v. Boston & Maine Railroad (Mass. Dist. Ct., App. Div. 1948)
- Gerber v. New York Central Railroad (Mass. 1934)
- Palen v. Wheelock (8th Cir. 1926)
- Merritt v. New York, New Haven, & Hartford Railroad (Mass. 1894)
- Water & Imp. Co. v. Gildersleeve (N.M. 1888)
- Warren ex rel. Washburn v. Southern Kansas Railway Co. (Kan. 1887)
- Brooks v. Boston & Maine Railroad (Mass. 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.