Yeaton v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the defendant’s employ as a brakeman. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff, in the sum of |11,000; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The general rule of law, that a servant takes upon himself the risk of the dangers which ordinarily attend or are incident to the business in which he voluntarily engages, is well settled and undisputed. Coombs v. New Bedford Cordage Co. 102 Mass. 572, 583. Huddleston v. Lowell Machine Shop, 106 Mass. 282. Sullivan v. India Manuf. Co. 113 Mass. 396. Ladd v. New Bedford Railroad, 119 Mass. 412. Hough v. Railway Co. 100 U. S. 213. Swainson v. North Eastern Railway, 3 Ex. D. 341, 351. Charles v. Taylor, 3 C. P. D. 492. Lovell v. Howell, 1 C. P. D. 161. The plaintiff, while recognizing the…
2Cases cited8 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Scanlon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Chesapeake & O. R. v. HennesseyCourt of Appeals for the Sixth Circuit · 1899
13 more not listed; retrieve them via the Exa API.