Boston Company v. O'Reilly

In October, 1890, Patrick J. O'Reilly, in the circuit court of the United States for the district of Massachusetts, brought an action against the Boston & Albany Railroad Company for personal injuries received while riding as a passenger on one of that company's trains.

The declaration contained three counts, alleging negligence on the part of the company in respect to the condition of a certain truck attached to the tender of the engine which drew the train, in respect to the journal of the tender, and in respect to the condition of the defendant's track, rails, and roadbed. The defendant's answer consisted of an general denial. The trial resulted in a verdict for the sum of $15,000, and to the judgment entered for that amount a writ of error was sued out of this court.

Samuel Hoar, for plaintiff in error.

Chas. W. Needham and John B. Cotton, for defendant in error.

Mr. Justice SHIRAS delivered the opinion of the court.