¶1If a gate or cross-bar maintained by a railroad at a crossing is so constructed or arranged that, in any event which may reasonably be expected to occur, it is dangerous to passengers, the railroad corporation is liable for an injury to a passenger caused by such defective construction or arrangement. In this case we cannot say, as matter of law, whether the bar at the crossing where the accident happened was so constructed and arranged as to be reasonably safe, or whether it was insufficient and dangerous to passengers. This is a question of fact. A majority of the court is therefore of opinion that the case should have been submitted to the jury. Case to stand for trial.
111 Mass. 546
Tyrrell v. Eastern Railroad
Massachusetts Supreme Judicial Court
Decided March 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-03-15
Tort to recover for injuries caused to the plaintiff while a passenger on the defendants’ railroad by reason of a gate or pole, maintained by the defendants at the crossing of a highway “ for the better protection of their trains from horses, carriages and other obstacles,” being thrown towards and entering the car in which the plaintiff was seated, and striking and injuring him. The declaration alleged that the accident was caused by the defendants’ negligence.
Cited by 2 later decisions — most recently September 1902
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-03-15
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