O'Brien v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, at common law, by a freight brakeman against the railroad company employing him for injuries alleged to have been caused by the defective condition of the brake wheel and part of the brake gearing which the plaintiff was using, with another count under the employers’ liability act alleging a defect in the ways, works and machinery used in the business of the defendant.
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Tort, at common law, by a freight brakeman against the railroad company employing him for injuries alleged to have been caused by the defective condition of the brake wheel and part of the brake gearing which the plaintiff was using, with another count under the employers’ liability act alleging a defect in the ways, works and machinery used in the business of the defendant. Writ dated January 9, 1899. At the trial in the Superior Court, Sherman, J. ordered a verdict for the defendant, and, by agreement of counsel, reported the case for the consideration of this court. If the verdict was…
1Opinion of the CourtLoring, J.
We are of opinion that the presiding judge was right in directing a verdict for the defendant.
The plaintiff testified that he was injured shortly after midnight on March 30, 1898; at the time, he was employed by the defendant as a freight brakeman; while the freight train on *404which he was employed was delivering and taking up freight cars at a way station, the plaintiff was directed by the conductor of the - train to take care of three box cars which had been “ kicked ” by the engine on to a side track; as the cars went by him, the plaintiff, in pursuance of this order, boarded the head car,…
2Cited by2 opinions
- Foley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Little v. Hyde Park Electric Light Co.Massachusetts Supreme Judicial Court · 1906