Maguire v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Daniel Maguire, for causing his death in the elevator of the Hoosac Tunnel Dock and Elevator Company, in Charlestown.
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Tort by the administratrix of the estate of Daniel Maguire, for causing his death in the elevator of the Hoosac Tunnel Dock and Elevator Company, in Charlestown. Trial in the Superior Court, before Bacon, J., who, after admitting certain evidence against the objection of the defendant, ruled, at its request, that there was no evidence that the intestate was in the exercise of due care at the time he was killed, and that the plaintiff could not recover, ordered a verdict for the defendant, and reported the case for the determination of this court. If the ruling was correct, or if the evidence…
1Opinion of the CourtDevens, J.
The only question presented by the case is whether any evidence was offered from which due and ordinary care could be inferred on the part of the plaintiff’s intestate when the injury to him occurred. He was not the servant of the defendant, but of the Elevator Company, employed to per*381form such duties as might be assigned to him, and “ to make himself generally useful.” As the evidence tended to show, he was engaged in the elevator building in assisting to unload grain from two cars, which had been brought in by the defendant, the brakes of which had been set and the cars thus rendered…
2Cases cited1 opinion
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by40 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Bain v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1904
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