Old Colony Railroad v. Slavens
Cases that cite this one
14 later published cases cite this decision.
- Boston & Maine Railroad, Third-Party v. Arlene M. Hall, (Two Cases). Stauffer Chemical Company, Third-Party v. Boston & Maine Railroad, (Two Cases) (1st Cir. 1960)
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber Co (9th Cir. 1950)
- Colorado & Southern Railway Co. v. Western Light & Power Co. (Colo. 1923)
- Alaska Steamship Co. v. Pacific Coast Gypsum Co. (Wash. 1912)
- Pennsylvania Steel Co. v. Washington & Berkeley Bridge Co. (District Court, N.D. West Virginia 1912)
- Bradley v. Rosenthal (Cal. 1908)
- Stewart v. Roy Bros. Inc. (Mass. 1970)
- Hollywood Barbecue Co. v. Morse (Mass. 1943)
- Farrell v. Eastern Bridge & Structural Co. (Mass. 1935)
- Rea v. Checker Taxi Co. (Mass. 1930)
- Horrabin v. City of Des Moines (Iowa 1924)
- Boston & Maine Railroad v. Brackett (N.H. 1902)
- Boston Woven Hose & Rubber Co. v. Kendall (Mass. 1901)
- City of Lowell v. Glidden (Mass. 1893)
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 verdict establishes it as a fact, that the defendants might have done the work of transferring and loading the mail bags without obstructing the sidewalk as it was obstructed on the occasion of the injury to Amory. The plaintiff’s regulations and provisions did not require such obstruction, and the only question before us is, whether, assuming this as a fact, the plaintiff was entitled to recover. And we think the plaintiff and the' defendants were not, as to each other, in pari delicto. The plaintiff was held liable to Amory because bound to keep the sidewalk reasonably safe. But the ground of the present action is, that the defendants by their negligent act exposed the plaintiff to this liability. The plaintiff’s neglect to keep the sidewalk safe did not make the plaintiff a joint wrongdoer with the defendants in any such sense as to prevent the plaintiff from recovering. Milford v. Holbrook, 9 Allen, 17, 23. West Boylston v. Mason, 102 Mass. 341. Woburn v. Boston & Lowell Railroad, 109 Mass. 283. Gray v. Boston Gas Light Co. 114 Mass. 149. Churchill v. Holt, 131 Mass. 67; S. C. 127 Mass. 165.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.