Legal Opinion

Flynn v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided January 6, 1910PublishedCited by 6 opinions

Tort for personal injuries incurred on April 16, 1902, in the manner stated in the opinion, by James Flynn, a minor, while in the employ of the Standard Oil Company and at work in its yard in that part of Boston known as East Boston, alleged to have been caused by the negligence of the servants of the Boston and Maine Railroad, the defendant, in operating an engine and a train of cars in that yard.

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Tort for personal injuries incurred on April 16, 1902, in the manner stated in the opinion, by James Flynn, a minor, while in the employ of the Standard Oil Company and at work in its yard in that part of Boston known as East Boston, alleged to have been caused by the negligence of the servants of the Boston and Maine Railroad, the defendant, in operating an engine and a train of cars in that yard. Writ dated March 4, 1903. The action originally was brought by James Flynn, by his next friend Margaret Welch. On June 7, 1905, the plaintiff died, and Margaret Welch, having been appointed the…

1Opinion of the CourtBraley, J.

The plaintiff’s intestate, James Flynn, was employed by the Standard Oil Company to weigh oil, or perform other light work as he might be directed. In the performance of his duties as weigher, he worked in a building used as a filling or shipping house, which is referred to in the exceptions as “ the platform room or covered platform.” In close proximity to this building, the door of which opened upon it, was a railroad track used to run tank cars to the works, where they were loaded or unloaded as the oil company might direct. Directly opposite to the covered platform was an open platform,…

2Cases cited11 opinions

  1. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  2. Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
  3. Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
  4. Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  5. Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909

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3Cited by6 opinions

  1. Coulombe v. Horne Coal Co.Massachusetts Supreme Judicial Court · 1931
  2. Kavigian v. LoneroMassachusetts Supreme Judicial Court · 1942
  3. Sandon v. KendallMassachusetts Supreme Judicial Court · 1919
  4. Lessard v. KneelandMassachusetts Supreme Judicial Court · 1926
  5. Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946

1 more not listed; retrieve them via the Exa API.

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