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Harvey v. Eastern Railroad Co.
116 Mass. 269
Mass.
1874
Check Treatment
Gray, C. J.

The jury, if they were governed by the instruction of the court, have found that the plaintiff attempted to get upon the train after it had started and while it was in motion. Such an attempt, in the absence of evidence of any circumstance's tending to excuse it, conclusively showed, as matter of law, that the plaintiff was not in the exercise of due care.

Exceptions overruled.

Case Details

Case Name: Harvey v. Eastern Railroad Co.
Court Name: Massachusetts Supreme Judicial Court
Date Published: Nov 6, 1874
Citation: 116 Mass. 269
Court Abbreviation: Mass.
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