Archambeau v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff on August 30, 1895, while acting as a brakeman upon the freight cars of the Norwich and Worcester Railroad Company. The answer was a general denial. Trial in the Superior Court, before Hopkins, J., who directed a verdict for the defendant, and reported the case for the determination of this court, in substance as follows.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff on August 30, 1895, while acting as a brakeman upon the freight cars of the Norwich and Worcester Railroad Company. The answer was a general denial. Trial in the Superior Court, before Hopkins, J., who directed a verdict for the defendant, and reported the case for the determination of this court, in substance as follows. The defendant put in evidence a copy of the decree of the Circuit Court of the United States for the District of Massachusetts, dated January 26,1894, appointing one Platt of New York, and one Perry of Providence, Rhode…
1Opinion of the CourtHolmes, J.
This is an action of tort for personal injuries sustained while the defendant’s road was in the hands of receivers. It happened that the next day after the accident the receivers turned over the property to a new corporation, so that the case suggests a possible hardship. But in the opinion of a majority of the court the defendant cannot be made liable on that account for an act done by persons who were not its agents or servants, but were put in control of its property by an adverse act. Ohio & Mississippi Railroad v. Davis, 23 Ind. 553. Turner v. Hannibal & St. Joseph Railroad, 74 Mo. 602.…
2Cases cited10 opinions
- Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
- Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
- Texas & Pacific Railway Co. v. HuffmanTexas Supreme Court · 1892
- Ohio & Mississippi Railroad v. DavisIndiana Supreme Court · 1864
- Turner v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Archambeau v. PlattMassachusetts Supreme Judicial Court · 1899
- Tobin v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1904
- Willson v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1914
- Graves v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923
- Moore v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.