Kean v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff on March 11, 1905, while in the employ of the Pullman Company and at work upon one of its cars in the Exeter Street yard of the defendant in Boston.
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Tort for personal injuries received by the plaintiff on March 11, 1905, while in the employ of the Pullman Company and at work upon one of its cars in the Exeter Street yard of the defendant in Boston. Writ dated March 16, 1905. In the Superior Court the case was tried before White, J. It appeared that in January, 1901, at the time the plaintiff entered the employ of the Pullman Company and also at the time he received the injuries for which the action was brought, a contract was in force between that corporation and the defendant with regard to the furnishing of cars by the Pullman Company…
1Opinion of the CourtDeCourcy, J.
1. The plaintiff’s contract of employment with the Pullman Company enured to the benefit of the defendant; and the agreement to indemnify his employer contained therein constituted a defense to this action unless the plaintiff’s signature was obtained fraudulently. This was taken for granted at the trial and the judge so instructed the jury. The evidence in favor of the plaintiff on this issue of fraud was, that after he had worked two hours he was called into the office of Ahearn the general foreman of the Pullman Company and the paper was passed to him for his signature. The plaintiff…
2Cases cited6 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
- Harriman v. Reading & Lowell Street Railway Co.Massachusetts Supreme Judicial Court · 1899
- Larsson v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1909
- Rose v. NawnMassachusetts Supreme Judicial Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Shaw v. Victoria Coach Line, Inc.Massachusetts Supreme Judicial Court · 1943
- Farrell v. Chandler, Gardner & Williams, Inc.Massachusetts Supreme Judicial Court · 1925
- Butler v. GleasonMassachusetts Supreme Judicial Court · 1913
- Porter v. ReidDistrict Court, D. Massachusetts · 1948
- Gayton v. BorsofskyMassachusetts Supreme Judicial Court · 1918
1 more not listed; retrieve them via the Exa API.