Dowd v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff while in the defendant’s employ.
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Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Mason, C. J., it appeared that the plaintiff was injured by being struck by a cement pipe, which was rolled off the top of a roundhouse, the roof of which was being repaired by the defendant’s workmen, while the plaintiff was ascending a ladder leading to a staging at one side of the roundhouse on which he was employed. The judge, at the defendant’s- request, ruled that the plaintiff could not recover, and…
1Opinion of the CourtKnowlton, J.
The plaintiff seeks to recover under the first count of his declaration, which alleges that he was an employee of the defendant, and was injured by reason of the negligence of a person in the service of the defendant, who was intrusted with or exercising superintendence, and whose sole or principal duty was that of superintendence. There was evidence to warrant the jury in finding that the plaintiff was in the exercise of due care, and that there was negligence on the part of one or more of the defendant’s employees. The only difficult questions in the case are whether McDonald was a person…
2Cases cited3 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Cashman v. ChaseMassachusetts Supreme Judicial Court · 1892
- Shepard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Adasken v. GilbertMassachusetts Supreme Judicial Court · 1896
- O'Neil v. O'LearyMassachusetts Supreme Judicial Court · 1895
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Riou v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1898
- Canney v. WalkeineCourt of Appeals for the First Circuit · 1901
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