Coughlan v. City of Cambridge
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while, in the employ of the defendant city. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff while, in the employ of the defendant city. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions in substance as follows. At the time of the accident, which occurred on October 5, 1892, the defendant was engaged, by means of a locomotive and train with hands to manage the same hired by it from the Fitch-burg Railroad Company, in transporting gravel from one portion to another of certain premises held and owned by it, for the purpose of filling and grading grounds around its waterworks at Fresh Pond. The…
1Opinion of the CourtMorton, J.
There was evidence that the plaintiff and others were directed by the “ boss ” at the dump to get on to the cars and go back to the pit to help fill them; that nothing was said as to where they should sit, though the evidence on this point *276was conflicting; that the floor of the cars was wet; and that the plaintiff sat on the side or edge of a car, with his feet inside, and holding on with both hands. According to this, he was rightfully on the car, and we cannot say that his manner of riding was negligent.
There was evidence which warranted the jury in finding that the accident was due to…
2Cases cited11 opinions
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Kelley v. RossiMassachusetts Supreme Judicial Court · 1985
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
78 more not listed; retrieve them via the Exa API.