Leary v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On April 2, 1883, the plaintiff was working temporarily as a fireman on a locomotive in the defendant’s freight yard, and, in attempting to get off the locomotive, fell or was thrown under the wheel, and received the injuries complained of.
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Tort for personal injuries occasioned to the plaintiff while in the employ of the defendant. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: On April 2, 1883, the plaintiff was working temporarily as a fireman on a locomotive in the defendant’s freight yard, and, in attempting to get off the locomotive, fell or was thrown under the wheel, and received the injuries complained of. There was evidence tending to show the following facts: The locomotive was one of several used in the freight yard to shift freight cars and make up trains;…
1Opinion of the CourtDevens, J.
Where an employer knows the danger to which his servant will be exposed in the performance of any labor to which he assigns him, and does not give him sufficient and reasonable notice thereof, its dangers not being obvious, and the servant, without negligence on his own part, through inexperience, or through reliance on the directions given, fails to perceive or understand the risk, and is injured, the employer is responsible. The dangers of a particular position or mode of doing work áre often apparent to a person of capacity or knowledge of the subject, while others, from youth,…
2Cases cited7 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Railroad Company v. FortSupreme Court of the United States · 1874
- Lalor v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Rogers v. LeydenIndiana Supreme Court · 1891
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
65 more not listed; retrieve them via the Exa API.