Legal Opinion

Martin v. Curran

Massachusetts Supreme Judicial Court

Decided September 9, 1914Published

Tort for personal injuries sustained by the plaintiff on November, 14, 1901, while in the employ of the defendants, who sometimes did business under the name of the Pocahontas Coal Company, at the coal run owned and operated by them at 462 Summer Street in Boston.

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Tort for personal injuries sustained by the plaintiff on November, 14, 1901, while in the employ of the defendants, who sometimes did business under the name of the Pocahontas Coal Company, at the coal run owned and operated by them at 462 Summer Street in Boston. Writ dated September 19, 1902. In the Superior Court the case was tried before Richardson, J. At the close of the evidence, which is described in the opinion, the judge ruled that the action could not be maintained and ordered a verdict for the defendants. He agreed with the counsel to report the case for determination by this…

1Opinion of the CourtHammond, J.

This is an action of tort to recover for personal injuries sustained by the plaintiff by reason of an accident which occurred on November 14, 1901, while he was working on a coal run owned and operated by the defendants. The run was an elevated trestle structure, elliptical in shape and over three thousand feet in its entire circuit. Upon its top was a “two foot gouge track” over which were run small coal cars weighing when loaded about fifteen hundred pounds each, propelled by means of an endless cable which when in motion ran “north on the east track and south on the west.” The cars were…

2Cases cited3 opinions

  1. Carroll v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
  2. Baggneski v. MillsMassachusetts Supreme Judicial Court · 1906
  3. Carroll v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1911

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