Lury v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on April 18,1907, while in the employ of the defendant as a night conductor in the defendant’s freight yard at South Framingham.
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Tort for personal injuries sustained on April 18,1907, while in the employ of the defendant as a night conductor in the defendant’s freight yard at South Framingham. Writ dated June 13, 1907. In the Superior Court the case was tried before Bell, J. The declaration after amendment contained seven counts, but the case was submitted to the jury only on the fourth, sixth and seventh counts, The fourth count alleged that the plaintiff’s injuries were caused by the negligence of the engineer of a locomotive engine of the defendant which was propelling a train of cars upon one of which was the…
1Opinion of the CourtRugg, J.
The plaintiff was an experienced freight conductor working at night for the defendant in its South Framingham yard. He recovered upon a count alleging that he sustained injuries through the negligence of one Willis, a freight conductor of the defendant, working during the day in the same yard. There was evidence from which it might have been found that soon after 7.35 o’clock of a dark April night the plaintiff, in accordance with his duty and custom, made an inspection of the cars standing upon the several tracks at the southerly end of the yard, and ascertained that no cars “ cornered,”…
2Cases cited2 opinions
- Dacey v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Meadowcroft v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1906
3Cited by6 opinions
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Mackenzie v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
- Alexander Ramsey Estate v. Merchants Trust Co.Supreme Court of Minnesota · 1927
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