Nealand v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. The declaration contained counts at common law and under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court, before Hardy, J., who ruled that the plaintiff was not entitled to recover under either count of the declaration, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The'plaintiff was at work in the defendant’s boiler-room, at the sides of which, near one end, were two rows of upright boilers, four in each row. There was a space of between fourteen and eighteen feet wide between the two rows. The floor of the room was of brick. It was a part of the plaintiff's duty to assist in shovelling coal under the boilers, and to keep the fronts of the boilers clean. The boilers were about fourteen feet high. The plaintiff testified that he took a ladder about fourteen feet long and set it on the brick floor about two and a half or three feet from the front of one…
2Cases cited1 opinion
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
3Cited by7 opinions
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- McDonnell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Wood v. Tileston & Hollingsworth Co.Massachusetts Supreme Judicial Court · 1903
- Whalen v. WhitcombMassachusetts Supreme Judicial Court · 1901
- Morley v. Union Cotton Manufacturing Co.Massachusetts Supreme Judicial Court · 1911
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