Murphy v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Francis P. Murphy, for causing his death. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. Murphy was a freight brakeman in the employ of the defendant corporation, running between Springfield and Worcester for several months.
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Tort, by the administrator of the estate of Francis P. Murphy, for causing his death. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. Murphy was a freight brakeman in the employ of the defendant corporation, running between Springfield and Worcester for several months. On the day of his injury and death, the train upon which he was at work left Springfield about eight o’clock in the morning, and on the return trip left Worcester at about one o’clock in the afternoon. The train was composed of an engine, thirty-five freight cars, and a…
1Opinion of the CourtMorton, J.
The plaintiff was bound to show that the death of his intestate was due to the negligence of the defendant, and that his intestate was in the exercise of due care. In both respects the evidence seems to us to have left the cause and manner of death to conjecture. When last seen alive Murphy was standing on top of a car where his duty required him to be, stooping as he went under the iron bridge. He was discovered after the train had passed the wooden bridge, lying unconscious on top of the car, with a soft spot about the size of the hand, on the back of his head. His cap and a pipe were found…
2Cases cited7 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Tyndale v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Riley v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Chandler v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Johnson v. BradyIndiana Court of Appeals · 1915
- Cox v. South Shore & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
3 more not listed; retrieve them via the Exa API.