Thompson v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. The declaration contained two counts; one at common law, and the other under the St. of 1887, c. 270. The answer was a general denial.
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Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. The declaration contained two counts; one at common law, and the other under the St. of 1887, c. 270. The answer was a general denial. At the trial in the Superior Court, before Thompson, J., the judge excluded certain evidence offered by the plaintiff; and, at the close of the plaintiff’s evidence, ruled, at the request of the defendant, that the plaintiff could not recover upon either count of his declaration; and reported the case for the determination of this court. If the rulings were correct,…
1Opinion of the Court
By the Court.
The following opinion was written by Mr. Justice Dbybns, and after his death was approved by all the Justices.
The plaintiff at the time of the accident hereinafter mentioned was eighteen years of age. For two years he had been in the employ of the defendant, and during this time had been engaged in doing the work of a brakeman in shifting and making up freight trains in the freight yard of the defendant at Lawrence. On some occasions he had been in the charge of other brakemen, and during his employment he had received the full wages of a brakeman. On the day of the accident he…
2Cases cited1 opinion
- Babcock v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by5 opinions
- American Coal Co. v. De WeseCourt of Appeals for the Fourth Circuit · 1929
- Massell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
- Connors v. Elmira, C. & N. RailroadNew York Supreme Court · 1895
- Burgin v. Louisville & Nashville RailroadSupreme Court of Alabama · 1892