Thain v. Old Colony Railroad

The plaintiff, an engineer employed oy the defendant, was injured while on duty by being carried against a wooden post standing four feet from the track and two feet from the tender beam, where the plaintiff was at the time. The post had been put up as a temporary support to Hogg Bridge, Roxbury, about a week before, and the plaintiff testified that he did not know of it. The question is whether the judge was right in taking the case from the jury.

It is necessary for railroad companies to put up structures near enough to their tracks for it to be possible for persons on the trains to come in…