O'Brien v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration was under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
There is no dispute about the main facts in this case, and the only question is whether there was sufficient evidence of negligence on the part of the defendant’s superintendent, to warrant the submission of the case to the jury.
The plaintiff was a motorman on an electric car coming towards Boston. About ten minutes before the accident to him happened, the rear truck of his car became derailed at a switch. The effect of the derailment was to throw the rear end of the ear so far towards the outward track that there was only just room enough for a car on that track to pass without touching.…
2Cited by2 opinions
- Greenstein v. ChickMassachusetts Supreme Judicial Court · 1905
- Glavin v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913