Files v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff in attempting to get upon a locomotive engine belonging to the defendant. Trial in the Superior Court, before Hammond, J., who ordered a verdict for the defendant, and reported the case for the determination of this court. If the ruling was erroneous, the verdict was to be set aside; otherwise, judgment was to be entered on the verdict. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
The plaintiff, by invitation of the defendant’s conductor of a freight train upon a railroad belonging to the defendant and used entirely for the transportation of freight, was getting upon the locomotive engine attached to the train in order to ride in the cab thereof, when the engine started, causing him to fall off and occasioning to him injuries, to recover damages for which he brings this suit. He had been to the office of the defendant’s freight agent to order cars for the use of the firm of which he was the shipping clerk. He had at some previous times ridden back on the engine to his…
2Cases cited3 opinions
- Bates v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1888
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- Torrey v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by25 opinions
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- Farber v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1924
- Powers v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
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