Bell v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, a brakeman on a freight train, on August 20,1895, by coming in contact with one of the pillars of the drawbridge in South Boston, in the defendant’s railroad yard, while descending the side ladder of a moving car at night. The declaration was at common law.
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Tort, for personal injuries occasioned to the plaintiff, a brakeman on a freight train, on August 20,1895, by coming in contact with one of the pillars of the drawbridge in South Boston, in the defendant’s railroad yard, while descending the side ladder of a moving car at night. The declaration was at common law. Trial in the Superior Court, before Bond, J., who ruled that the case should be submitted to the jury, directed them, by consent of the parties, to return a verdict for $2,250, and reported the case for the determination of this court. If the plaintiff was entitled to recover, the…
1Opinion of the CourtHolmes, J.
This is an action at common law for personal injuries. The plaintiff was a brakeman employed by the defendant as a shifter at night. As he was getting down from the top of a car by a side ladder, there being no end ladder, in order to pull out a pin and disconnect his car from the engine, he came in contact with one of the iron pillars of a bridge over the track and was hurt. The pillar was about four feet from the track. The plaintiff knew of the bridge, and was an experienced hand. He also knew that cars might have only side and no end ladders. It is suggested on the strength of photographs…
2Cases cited9 opinions
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Fisk v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Ryan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Fuller v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Whelton v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1899
- Phelps v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.