Barden v. Boston, Clinton & Fitchburg Railroad
Cases that cite this one
13 later published cases cite this decision.
- Taylor v. Bamberger Electric R. (Utah 1923)
- Locke v. Director General of Railroads (Mass. 1922)
- Kettel v. Erie Railroad (Appellate Division of the Supreme Court of New York 1917)
- Young v. Boston & Northern Street Railway Co. (Mass. 1913)
- Pruitt v. San Pedro, L.A. & Salt Lake R.R. (Cal. 1911)
- McDermott v. Boston Elevated Railway Co. (Mass. 1911)
- Atlantic Coast Line Railroad v. Crosby (Fla. 1907)
- Weinschenk v. New York, New Haven, & Hartford Railroad (Mass. 1906)
- Gulf, Colorado & Santa Fe Railway Co. v. Bell (Tex. 1900)
- Romine v. Evansville & Terre Haute Railroad (Ind. Ct. App. 1900)
- Burr v. Pennsylvania Railroad (N.J. 1899)
- Peverly v. City of Boston (Mass. 1884)
- Treat v. Boston & Lowell Railroad (Mass. 1881)
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
We can have no doubt that the contract between the parties, which required the corporation to furnish f ie plaiutiff with a seat, did not, as matter of law, oblige him to keep, it from the time he first took it until the train had come to a final stop at the place of his destination; and that the question, whether he was wanting in reasonable care in leaving his seat and standing in the passageway inside the closed door, after the approach of the train to the station at which he was to alight had been announced and the car had actually entered the station, and for the purpose of hastening his departure from the car, was a question of fact for the jury.
In the cases on which the defendant mainly relies, the plaintiff was not, as in this case, wholly within the car. Hickey v. Boston & Lowell Railroad, 14 Allen, 429. Todd v. Old Colony Railroad, 3 Allen, 18, and 7 Allen, 207. Pittsburg & Connellsville Railroad v. McClurg, 56 Penn. St. 294.
Judgment for the plaintiff.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.