Lyford v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort under St. 1909, c. 514, § 129, as affected by St. 1911, c. 751, Part I, §§ 1, 3, by the administratrix of one who on November 5, 1914, met his death while in the employ of the defendant. Writ dated March 24, 1915. In the Superior Court the action was tried before Stevens, J. The material evidence is described in the opinion. At the close of the evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtRugg, C. J.
This is an action of tort under the employers’ liability act, St. 1909, c. 514, § 129, as affected by the workmen’s compensation act, St. 1911, c. 751, Part I, §§ 1, 3, to recover damages for the death of an employee of the defendant. As the defendant does not appear to have been a subscriber under the workmen’s compensation act, the decisive question is whether *11there was any evidence tending to show negligence on the part of the defendant or its servants.
The deceased was a night watchman upon Mystic Wharf. There was evidence tending to show that it was his duty to “ring in, at regular…
2Cases cited5 opinions
- Bigwood v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Sanderson's CaseMassachusetts Supreme Judicial Court · 1916
- Childs v. American Express Co.Massachusetts Supreme Judicial Court · 1908
- Ridge v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Leary v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1899
3Cited by6 opinions
- Armburg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931
- Sheehan v. GorianskyMassachusetts Supreme Judicial Court · 1944
- Fulton v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1939
- Connolly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Gillis v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1929
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