Murphy v. City Coal Co.
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries received by the plaintiff while engaged in discharging coal. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows.
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Tort, under the employers’ liability act, St. 1887, c. 270, for personal injuries received by the plaintiff while engaged in discharging coal. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show that the plaintiff was injured while in the employ of the defendant, by being caught and jammed between a car used for the transportation of coal from a hopper to bins in which it was to be deposited for delivery when sold, and a certain apparatus called a pick-up; that this car was operated on a track elevated…
1Opinion of the CourtHammond, J.
1. The first request was rightly refused. The evidence, so far as disclosed in the report, tended to show that the defendant’s superintendent ordered the removal of the board obstructing the triangle before the car had passed over the fourteen feet of track in which, the pick-up operated, and while the plaintiff was in this dangerous space of the track ; and that “ upon his so doing, the triangle instantly fell, communicated power to the pick-up through this rope or cable, and caused the pick-up to advance upon the plaintiff, jamming him between it and the car, thus producing the injuries for…
2Cases cited3 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- McPhee v. ScullyMassachusetts Supreme Judicial Court · 1895
3Cited by8 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Lagler v. RochIndiana Court of Appeals · 1914
- Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
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