Skinner v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 71, cl. 3, § 73, by the widow of one Elwyn S. Skinner, who was alleged to have been instantly killed by being struck by a train coming from Boston while he was employed by the defendant at its Winter. Hill station in Somerville.
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Tort under R. L. c. 106, § 71, cl. 3, § 73, by the widow of one Elwyn S. Skinner, who was alleged to have been instantly killed by being struck by a train coming from Boston while he was employed by the defendant at its Winter. Hill station in Somerville. Writ in the Superior Court for the county of Middlesex dated January 11, 1907. At the trial in the Superior Court before Hardy, J., besides the facts stated in the opinion, there was evidence tending to show that the defendant was accustomed to have a gong rung near the station as a train approached it from Boston, but that no gong rang to…
1Opinion of the CourtBraley, J.
This is an action of tort brought by the widow under R. L. c. 106, §§ 71, 73, to recover for the death of her husband, an employee of the defendant, who was struck and instantly killed by a locomotive as he was crossing the tracks at one of its stations in the performance of his duties as a mail carrier. By the statute, unless the decedent if he had survived could have maintained an action, the plaintiff cannot prevail. *424Upon recourse to the evidence it appears that he was employed by the defendant to carry mails between the postoffice and the trains, and for this purpose used a small, two…
2Cases cited2 opinions
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
- Cannon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
3Cited by2 opinions
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Porter v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911