Massachusetts Supreme Judicial Court, 1874

Harvey v. Eastern Railroad Co.

Harvey v. Eastern Railroad Co.
Massachusetts Supreme Judicial Court · Decided November 6, 1874 · Gray
116 Mass. 269; 1874 Mass. LEXIS 75

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.

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