Ahearn v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort against the Boston Elevated Railway Company for personal injuries from being struck by a car of the defendant on Blue Hill Avenue in Boston on September 25, 1905, while the plaintiff was in the employ of the New England Telephone and Telegraph Company and was working as a lineman on a pole of the last named company.
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Tort against the Boston Elevated Railway Company for personal injuries from being struck by a car of the defendant on Blue Hill Avenue in Boston on September 25, 1905, while the plaintiff was in the employ of the New England Telephone and Telegraph Company and was working as a lineman on a pole of the last named company. Writ dated November 18, 1905. At the trial in the Superior Court before Bell, J. the jury returned a verdict for the plaintiff in the sum of $1,033.33 ; and the defendant alleged exceptions to the refusal of the judge to rule that upon all the evidence the plaintiff was not…
1Opinion of the CourtHammond, J.
The plaintiff was an experienced lineman, and at the time he was struck by the car was in the employ of a telegraph company and was climbing one of its poles, which was situated between two tracks belonging to the defendant on Blue Hill Avenue. He was one of a gang of men consisting of “ three climbers, including himself, two ground men, and the boss,” who were engaged in putting wires on the poles. The process of doing this is thus described by the plaintiff: -“The coils of wire . . . [are] . . . set on reels and . . . they [the men] hitch a running or hand line to these and take that…
2Cases cited4 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- McCrohan v. DavisonMassachusetts Supreme Judicial Court · 1905
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Whitman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
3Cited by7 opinions
- Hanley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
- Kelly v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Shea v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Gadbois v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1913
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