Myers v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court
Myers v. Boston & Maine Railroad, 209 Mass. 55 (Mass. 1911)
95 N.E. 76; 1911 Mass. LEXIS 899
Hammond

Myers v. Boston & Maine Railroad

Opinion of the Court

Hammond, J.

These are two actions of tort, the first being for personal injuries sustained, by a minor, and the second by his father for loss of services of the minor. The actions were tried together.

There is no evidence that the minor was invited into the car by any one representing or having the right to act for the defendant ; and he was therefore at the most a mere licensee. The measure of the defendant’s duty was to refrain from wanton or reckless conduct tending to injure him. There was no evidence of such conduct.

The order directing verdicts for the defendant was correct. In each case the entry must be

Exceptions overruled.

Reference

Full Case Name
Frederick J. Myers v. Boston and Maine Railroad Patrick J. Myers v. Same
Cited By
4 cases
Status
Published