Legal Opinion

Silvia v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided November 22, 1909PublishedCited by 6 opinions

Tort under R. L. c. 106, § 71, cl. 2, the counts alleging other grounds of liability having been waived, for personal injuries received by the plaintiff while he was in the employ of the defendant and was wheeling on a truck a box of shovels down a rise board from the floor of a freight car to the station platform at the Fall River dock terminus of the defendant.

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Tort under R. L. c. 106, § 71, cl. 2, the counts alleging other grounds of liability having been waived, for personal injuries received by the plaintiff while he was in the employ of the defendant and was wheeling on a truck a box of shovels down a rise board from the floor of a freight car to the station platform at the Fall River dock terminus of the defendant. Writ dated June 15,1908. In the Superior Court the case was tried before Hitehcoeh, J. The evidence is described in the opinion. No witnesses were called by the defendant except a medical expert. At the close of the evidence the…

1Opinion of the CourtKnowlton, C. J.

The plaintiff was employed by the defendant as a trucker at its dock in Fall River, and his work was to wheel freight on a truck into and out of freight cars and steamboats. He was injured while wheeling a box of shovels, weighing about eight hundred pounds, from its place in a freight car to the platform of the station, whence he intended to take it to the boat for New York. The car floor was two or two and a half feet above the platform of the station, and a rise board about four feet long and three and a half feet wide was in use at the time of the accident, down which the truck could be…

2Cases cited1 opinion

  1. Roche v. BleacheryMassachusetts Supreme Judicial Court · 1902

3Cited by6 opinions

  1. Mooney v. Benjamin F. Smith Co.Massachusetts Supreme Judicial Court · 1910
  2. Manter v. New BedfordMassachusetts Supreme Judicial Court · 1923
  3. Neagle v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
  4. Igo v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. Kushnizki v. New England Biscuit Co.Massachusetts Supreme Judicial Court · 1911

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