Legal Opinion

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

Massachusetts Supreme Judicial Court

Decided October 31, 1902PublishedCited by 9 opinions

Tort by a freight handler for injuries alleged to have been caused by the negligence of the defendant while the plaintiff was employed at its station at Millville. Writ dated July 6, 1900. At the trial in the Superior Court before GraskiU, J., the jury returned a verdict for the plaintiff in the sum of $2,700; and the defendant alleged exceptions.

1Opinion of the CourtLathrop, J.

This is an action of tort under the St. of 1887, c. 270, § 1, cl. 3, for injuries received by the plaintiff on May 1, 1900, while in the defendant’s employ. The declaration contained five counts. The plaintiff at the trial waived the first and last counts, and the other three counts were submitted to the jury, and a verdict in favor of the plaintiff was returned on the second and fourth counts. The first of these charges negligence of a conductor in charge of a train in not warning the plaintiff of the approach of the train, whereby the plaintiff, being in the exercise of due care, was…

2Cases cited6 opinions

  1. Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
  2. Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
  3. Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
  4. Kenady v. City of LawrenceMassachusetts Supreme Judicial Court · 1880
  5. Lyman v. County of HampshireMassachusetts Supreme Judicial Court · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Erickson v. BuckleyMassachusetts Supreme Judicial Court · 1918
  2. Herlihy v. LittleMassachusetts Supreme Judicial Court · 1908
  3. Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
  4. Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
  5. McKenna v. Gould Wire Cord Co.Massachusetts Supreme Judicial Court · 1908

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API