Larkin v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort, for the loss of the hand of the plaintiff, who was a brakeman in the defendant’s employ, occasioned by the alleged improper construction and condition of the defendant’s car. Trial in the Superior Court, before Mason, 0. J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff in this case had the entire management and control of the car, and could do his work in his own way. There was no necessity for him to put his hand between the end of the tank and the timber which kept it in place, as this timber projected beyond that portion of the tank which rested upon the floor of the car. The injury was caused by his putting his hand in a place which would be dangerous if the car had too much momentum, by causing the car to stop too suddenly on coming in contact with stationary cars, and thus causing the tank to slide forward.
Under these circumstances, we…
2Cases cited7 opinions
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
- Coombs v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Boyle v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
- Rood v. Lawrence Manufacturing Co.Massachusetts Supreme Judicial Court · 1892
- Goddard v. McIntoshMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shannon v. WillardMassachusetts Supreme Judicial Court · 1909
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918