Hodgkins v. Eastern Railroad
Massachusetts Supreme Judicial Court
Tort to recover for personal injuries sustained by the plaintiff’s intestate while employed as a brakeman by the defendant corporation. • At the trial in this court, Ames, J., withdrew the case from the jury, and reported it for the consideration of the full court, in substance as follows : At the opening of the case to the jury, the counsel for the plaintiff stated that on the day of the accident a train of passenger cars, including a smoking and baggage car, was made up at…
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Tort to recover for personal injuries sustained by the plaintiff’s intestate while employed as a brakeman by the defendant corporation. • At the trial in this court, Ames, J., withdrew the case from the jury, and reported it for the consideration of the full court, in substance as follows : At the opening of the case to the jury, the counsel for the plaintiff stated that on the day of the accident a train of passenger cars, including a smoking and baggage car, was made up at the passenger station of the defendant in Boston, by its ordinary servants, under the general direction of its station…
1Opinion of the CourtGray, C. J.
The making up of the train of cars with platforms of unequal height was the act of fellow servants of the plaintiff, for which, by the well settled law of this Commonwealth, he can maintain no action against the corporation. Farwell v. Boston & Worcester Railroad, 4 Met. 49. Hayes v. Western Railroad, 3 Cush. 270. Albro v. Agawam Canal, 6 Cush. 75. Gillshannon v. Stony Brook Railroad, 10 Cush. 228. Seaver v. Boston & Maine Railroad, 14 Gray, 466. Gilman v. Eastern Railroad, 10 Allen, 233. Johnson v. Boston, 118 Mass. 114.
Judgment for the defendant.
2Cases cited2 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Johnson v. City of BostonMassachusetts Supreme Judicial Court · 1875
3Cited by15 opinions
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Zeigler v. DayMassachusetts Supreme Judicial Court · 1877
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- Clifford v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
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