Trask v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, against the Old Colony Railroad Company and the Union Freight Railroad Company, under the St. of 1887, c. 270, by the plaintiff, as widow of one Isaac Trask, to recover for his death, caused on the tracks of the Boston and Maine Railroad, in Boston, on May 18, 1890. Trial in the Superior Court, before Barker, J., who, at the close of the evidence, directed a verdict for both of the defendants, and ordered a judgment to be entered for the Old Colony Railroad Company,…
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Tort, against the Old Colony Railroad Company and the Union Freight Railroad Company, under the St. of 1887, c. 270, by the plaintiff, as widow of one Isaac Trask, to recover for his death, caused on the tracks of the Boston and Maine Railroad, in Boston, on May 18, 1890. Trial in the Superior Court, before Barker, J., who, at the close of the evidence, directed a verdict for both of the defendants, and ordered a judgment to be entered for the Old Colony Railroad Company, without prejudice to the right of the plaintiff to prosecute his action against the Union Freight Railroad Company, as…
1Opinion of the CourtMorton, J.
Without considering the question of due care on the part of the plaintiff’s intestate, we think it cannot be held that the defect in the track of the Boston and Maine Railroad was a defect in the ways, works, and machinery of the defendant. It may not be necessary, in order to render an employer liable for an injury occurring to an employee through a defect in the ways, works, or machinery, that they should belong to him, but it should at least appear that he has the control of them, and that they are used in his business, by his authority, express or implied. Roberts & Wallace, Em*304ployers’…
2Cited by12 opinions
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- Lindgren v. William Bros Boiler Manufacturing Co.Supreme Court of Minnesota · 1910
- Engel v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1893
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