Judge v. Elkins
Massachusetts Supreme Judicial Court
Tort under the employers’ liability act for an injury alleged to have been caused by a- defective warning bell on an electric coal car alleged to be part of the ways, works and machinery of the defendants’ coke works at Everett.
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Tort under the employers’ liability act for an injury alleged to have been caused by a- defective warning bell on an electric coal car alleged to be part of the ways, works and machinery of the defendants’ coke works at Everett. Writ dated February 11, 1901. At the trial in the Superior Court before Sherman, J., it appeared, that the plaintiff was walking upon the course of the car along a bridge which was the only way of proceeding to a water closet to which he was going, when the car struck him in the back. The judge ordered a verdict for the defendants, and at the request of the plaintiff…
1Opinion of the CourtLathrop, J.
We are of opinion in this case that on the evidence the plaintiff was not in the exercise of due care when he was struck by the electric car of the defendants. Before going from the pathway to the bridge he could see the car standing there, and if he had looked he could not have failed to see the motorman getting ready to start. He did not look but proceeded on his way, having about eight yards to go. He knew that the car took up all the room between the sides of the bridge, and that if it started and overtook him he could do nothing to *230avoid it, unless he got under the car, which ran on…
2Cases cited4 opinions
- Mathes v. Lowell, Lawrence & Haverhill Street RailwayMassachusetts Supreme Judicial Court · 1901
- Young v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Martyn v. New York & Boston Despatch Express Co.Massachusetts Supreme Judicial Court · 1900
- Tirrell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
3Cited by4 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Porter v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- Pratt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904