151 Mass. 210 | Mass. | 1890
This is an action for running down and injuring the plaintiff while crossing the defendant’s track. At the point in question, a public road came down to the defendant’s station on the west side of the track. On the east side were the Merrimac Chemical Works, surrounded by a fence, in which, opposite the
The facts disclose no invitation or license by the defendant to the plaintiff. The plaintiff’s rights at most were only those of a member of the public having business with the chemical works. But the prepared crossing maintained by the chemical company did not import an invitation, or even a license, by any one to any part of the public, because it ended on a gate which warned the public that they could not enter, thus plainly showing that the license was confined to the chemical works. There was no evidence of any use of the crossing by the public known to the defendant, or so general that the defendant might be presumed to have known it. The defendant, therefore, was not bound to anticipate the plaintiff’s being where he was, and owed him no duty to look out for him, or to take precautions against the chance of his being there. There is no suggestion that it was negligent after it knew that the plaintiff was on the track. Wright v. Boston & Albany Railroad, 142 Mass. 296. See Sweeny v. Old Colony & Newport Railroad, 10 Allen, 368, 373; Hanks v. Boston & Albany Railroad, 147 Mass. 495, 496; Reardon v. Thompson, 149 Mass. 267; Philadelphia & Reading Railroad v. Hummell, 44 Penn. St. 375, 379.
Even if the plaintiff had not been upon the track without right, he shows no excuse for not ascertaining that the train was coming. He knew that it was to be expected. He had
Fxceptions overruled.