Goodes v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 112, § 212, as amended by St. 1888, c. 243, by the administrator of the estate of John Hopkins, for causing his death.
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Tort, under Pub. Sts. c. 112, § 212, as amended by St. 1888, c. 243, by the administrator of the estate of John Hopkins, for causing his death. At the trial in the Superior Court, before Dewey, J., it appeared that the plaintiff’s intestate was in the employ of the defendant corporation as a brakeman; that on August 17, 1892, in the night time, while engaged in uncoupling cars on a freight train, he struck against a switch-stand, which stood close to the track, and was knocked from the car; and that he received injuries which resulted in his death. The jury returned a verdict for the…
1Opinion of the CourtMorton, J.
One entering the employment of another assumes the obvious risks arising from the nature of the employment, from the manner in which the business is carried on, and from the condition of the ways, works, and machinery, if he is of sufficient capacity to understand and appreciate them. It is not necessary to inquire whether this doctrine rests upon contract or upon the inherent reasonableness and justice of the rule itself, as applied to the relations of master and servant. It has been long and well settled at common law, and it is not contended by the plaintiff that it does not apply to cases…
2Cases cited10 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Sylvain v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
22 more not listed; retrieve them via the Exa API.