Casey v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Thomas Casey against a railroad corporation, under the federal employers’ liability act, U. S. St. of April 22, 1908, c. 149, as amended by U. S. St. of April 5, 1910, c. 143, for causing the death of the plaintiff’s intestate while employed by the defendant as a signal foreman of its block signal system and engaged in the discharge of his duties near the defendant’s station at Cambridge.
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Tort, by the administratrix of the estate of Thomas Casey against a railroad corporation, under the federal employers’ liability act, U. S. St. of April 22, 1908, c. 149, as amended by U. S. St. of April 5, 1910, c. 143, for causing the death of the plaintiff’s intestate while employed by the defendant as a signal foreman of its block signal system and engaged in the discharge of his duties near the defendant’s station at Cambridge. Writ dated May 24, 1916. , In the Superior Court the case was tried before Sanderson, J. The first report by the defendant to the Industrial Accident Board of the…
1Opinion of the CourtBraley, J.
The plaintiff’s intestate was employed by the defendant as a divisional or signal foreman of its block signal system. It was his duty within the territory assigned to him to supervise the maintenance of signals, for the proper operation of which he was personally responsible, and the jury upon conflicting evidence as to his movements could find, that while on the ground inspecting a “dwarf signal,” or while on the track, he was struck by a passing freight train and instantly killed. The action is brought under the federal employers’ liability act to recover damages for his death, and, a…
2Cases cited4 opinions
- Cruzan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1917
- Clapp v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
- Sullivan v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Porter v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by11 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Gerry v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1924
- Pacheco v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1926
- Gannett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1921
- Smith v. Socony Vacuum Oil Co.Court of Appeals for the Second Circuit · 1938
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