Massachusetts Supreme Judicial Court, 1890

McEachern v. Boston & Maine Railroad

McEachern v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court · Decided January 3, 1890 · Allen
150 Mass. 515; 23 N.E. 231; 1890 Mass. LEXIS 320

McEachern v. Boston & Maine Railroad

Opinion of the Court

W. Allen, J.

The declaration shows that the plaintiff, a boy upwards of eleven years of age, was a trespasser upon the land of the defendant, committing an unlawful act in meddling with the defendant’s car. He was not invited or enticed there by the defendant, and the defendant owed him no duty to have the car safe for him to visit. Lane v. Atlantic Works, 111 Mass. 136. Johnson v. Boston & Maine Railroad, 125 Mass. 75. Morrissey v. Eastern Railroad, 126 Mass. 377.

Judgment affirmed.

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