Powers v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions in substance as follows.
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Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions in substance as follows. There was evidence tending to show that the plaintiff, who was an experienced brakeman, was in 1893 employed by the defendant as a brakeman in its freight yard in Boston ; that on March 31, 1893, the day of the accident, he was ordered by one of the defendant’s conductors, under whose orders and directions he was working, to get upon a shifting engine while it was moving at the rate of aboút five miles…
1Opinion of the CourtHammond, J.
1. We do not see that the plaintiff was prejudiced by the exclusion of the questions to Gould. It does not appear what the plaintiff expected to prove by the answers, but even assuming that the answers would have tended to support the plaintiff’s case, there was no offer to show that the condition of the step for a month before or a week after the accident had been practically the same. The judge in the exercise of his discretion might properly exclude the evidence at that stage of the case. If the subsequent evidence, especially that of Barrett, tended to show that the condition of the step…
2Cases cited4 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Murphy v. American Rubber Co.Massachusetts Supreme Judicial Court · 1893
- Young v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by8 opinions
- Rotche v. Buick Motor Co.Illinois Supreme Court · 1934
- Bresky v. RosenbergMassachusetts Supreme Judicial Court · 1926
- Holderfield v. Rummage Bros. Trucking Co.Supreme Court of North Carolina · 1950
- Gregory v. American Thread Co.Massachusetts Supreme Judicial Court · 1905
- Rupert v. Chicago, Milwaukee, St. Paul & Pacific RailroadWisconsin Supreme Court · 1930
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