Hart v. Bangor & Aroostook Railroad
Supreme Judicial Court of Maine
On exceptions, by plaintiff. This is an action on the case to recover damages for personal injuries received while in the employ of the defendant and alleged to have been caused by the negligence of the defendant. The defendant pleaded the general issue.
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On exceptions, by plaintiff. This is an action on the case to recover damages for personal injuries received while in the employ of the defendant and alleged to have been caused by the negligence of the defendant. The defendant pleaded the general issue. At the close of the testimony for the plaintiff, the presiding Justice ordered a nonsuit to be entered, with the stipulation that if the order is overruled by the Law Court, judgment is to be entered for the plaintiff in the sum of five hundred dollars. The case is stated in the opinion.
1Opinion of the CourtBird, J.
The plaintiff, a man of mature years and ordinary intelligence, was employed early in December, 1909, by defendant corporation as a repairer of damaged or “cripple” cars. It was understood by the parties that the work was to be done upon a track or tracks of defendant designated for the purpose and known as “'cripple tracks” or “repair tracks.” On these tracks the workmen or repairers were required to provide for their safety by the use of blue flags. Prior to his employment by defendant, plaintiff had had experience as a section hand upon the railway of another corporation. During his…
2Cases cited10 opinions
- Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
- Goodlett v. Louisville & Nashville RailroadSupreme Court of the United States · 1887
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. LongIndiana Supreme Court · 1887
- Renfro v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hulien v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
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3Cited by1 opinion
- Sahagian v. Superior CourtSupreme Court of Rhode Island · 1925