Sullivan v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, by the administrator of the estate of William Sullivan, for personal injuries occasioned to the intestate, while in the defendant’s employ, by the alleged negligence of the latter. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Tort, under St. 1887, c. 270, by the administrator of the estate of William Sullivan, for personal injuries occasioned to the intestate, while in the defendant’s employ, by the alleged negligence of the latter. Trial in the Superior Court, before Fessenden, J., who allowed a bill of exceptions, in substance as follows. The plaintiff offered evidence tending to show that the defendant was a corporation owning and operating a railroad between Worcester and Winchendon, and running through the town of Hubbardston; that the plaintiff’s intestate, William Sullivan, was in the employ of the…
1Opinion of the CourtHolmes, J.
The bill of exceptions states that it appeared in evidence that it was a part of the duty of trackmen to look out for wild trains, and that they had no other means of protection except to take care of themselves. We do not regard this statement as qualified by the defendant’s rule that wild trains “ must run cautiously around curves and over grade crossings, looking out for trackmen,” but accept the interpretation put upon the rule by the defendant’s counsel, that the caution has reference to the safety of the train, not of the trackmen. In this case the other persons on the hand-car escaped,…
2Cases cited2 opinions
- Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Shepard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by8 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Pacheco v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1926
- Casey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1919
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
3 more not listed; retrieve them via the Exa API.