Gunn v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, by the widow of John A. Gunn, to recover for his death, on November 1, 1895, while he was standing in a repair shop of the defendant in South Boston, upon a step-ladder and was varnishing a tender, then upon one of the tracks in the shop, with his back to a locomotive then being repaired upon an adjoining track.
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Tort, under the employers’ liability act, St. 1887, c. 270, by the widow of John A. Gunn, to recover for his death, on November 1, 1895, while he was standing in a repair shop of the defendant in South Boston, upon a step-ladder and was varnishing a tender, then upon one of the tracks in the shop, with his back to a locomotive then being repaired upon an adjoining track. At the trial in the Superior Court, before Hopkins, J., it appeared that the locomotive was blocked up at each end upon trucks which rested each upon four wheels of cast iron weighing about thirty pounds each; that in moving…
1Opinion of the CourtMorton, J.
The plaintiff filed interrogatories to the president of the defendant corporation under Pub. Sts. c. 167, §§ 49 et seq. He answered three of them, but refused to answer the others, which related to various matters pertaining to the accident, on the ground that he had no knowledge, meaning no personal knowledge, about the subjects of inquiry. The first question for consideration is whether he should have been ordered to answer the interrogatories which he refused to answer.
The defendant contends that the president could be required *419to answer only as to those matters of which he had personal…
2Cases cited5 opinions
- Post & Co. v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1887
- Geloneck v. Dean Steam Pump Co.Massachusetts Supreme Judicial Court · 1896
- Baker v. CarpenterMassachusetts Supreme Judicial Court · 1879
- Hancock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1871
- O'Keefe v. BrownellMassachusetts Supreme Judicial Court · 1892
3Cited by17 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Cutter v. CooperMassachusetts Supreme Judicial Court · 1920
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Brown v. CoreyMassachusetts Supreme Judicial Court · 1906
- Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
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