Caron v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Joseph Caron, for causing bis death while he was in the defendant’s employ as a brakeman in its freight-yard at West Springfield, about nine o’clock in the evening of June 8, 1898. The declaration was under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Dewey, J., it appeared that there were two main tracks running generally east and west through the middle of the freight yard, and…
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Tort, by the administratrix of the estate of Joseph Caron, for causing bis death while he was in the defendant’s employ as a brakeman in its freight-yard at West Springfield, about nine o’clock in the evening of June 8, 1898. The declaration was under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Dewey, J., it appeared that there were two main tracks running generally east and west through the middle of the freight yard, and tracks on either side of the main tracks running parallel with them for about three quarters of a mile; that the south main…
1Opinion of the CourtMorton, J.
This case was submitted to the jury on the second, third, sixth, and seventh counts in the plaintiff’s declaration. The jury found for the plaintiff on the seventh count, which alleged that the plaintiff’s intestate was injured by reason of the negligence of some person who had the charge or control of a certain train, in shifting it over upon the track where the plaintiff’s intestate was at work. The count does not allege how or in what manner the shifting of the train led to the injury, but it was not demurred to. See Steffe v. Old Colony Railroad, 156 Mass. 262.
The defendant contends that…
2Cases cited12 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Steffe v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co v. CollinsIndiana Supreme Court · 1907
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
- Fairman v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
23 more not listed; retrieve them via the Exa API.