Corcoran v. Boston & Albany Railroad
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Dillon v. Great Northern Railway Co. (Mont. 1909)
- Texas & N. O. R'y Co. v. Crowder (Tex. 1885)
- Sterling v. Texas N. O. R. Co. (Tex. App. 1941)
- Goulette's Administrator v. Grand Trunk Railway Co. (Vt. 1919)
- Fuller v. Andrew (Mass. 1918)
- Moynihan v. Boston & Maine Railroad (Mass. 1917)
- Parmelee v. Chicago, Milwaukee & St. Paul Railway Co. (Wash. 1916)
- Klann v. Minn (Wis. 1915)
- Chicago, M. & St. P. Ry. Co. v. Clement (9th Cir. 1915)
- Murphy v. Boston & Maine Railroad (Mass. 1913)
- McGee v. Boston Elevated Railway Co. (Mass. 1905)
- Donaldson v. New York, New Haven, & Hartford Railroad (Mass. 1905)
- Texas & P Ry. Co. v. Reagan (5th Cir. 1902)
- Brown v. Chicago & Northwestern Railway Co. (Wis. 1899)
- Perham v. Portland Electric Co. (Or. 1898)
- Sweetland v. Chicago & Grand Trunk Railway Co. (Mich. 1898)
- Deschenes v. Concord & Montreal Railroad (N.H. 1897)
- Murphy v. Boston & Albany Railroad (Mass. 1896)
- Littlehale v. Osgood (Mass. 1894)
- Chandler v. New York, New Haven, & Hartford Railroad (Mass. 1893)
- Tyndale v. Old Colony Railroad (Mass. 1892)
- Belding v. Black Hills & Ft. P. R. (S.D. 1892)
- Bromley v. Birmingham Mineral Railroad (Ala. 1891)
- Mulchahey v. Washburn Car Wheel Co. (Mass. 1887)
- Burns v. Chicago, Milwaukee & St. Paul R'y Co. (Iowa 1886)
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 burden of proof is upon the plaintiff to show that her intestate was using due care when the accident happened, and that his death was not instantaneous, so that a right of action existed in him which would survive to her. It is impossible to tell from the evidence how the intestate fell from the cars, what he was doing at the time, whether his death was instantaneous, or whether he endured any conscious suffering before his death. These questions are left to conjecture. The evidence would not justify the jury in finding that the plaintiff had sustained the burden of proof which was upon her as to these points, and the Superior Court therefore rightly directed a verdict for the defendant. Moran v. Hollings, 125 Mass. 93, and cases cited. Judgment on the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.