Kempton v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for the conscious suffering and death of William B. Kempton, late of Arlington, alleged to have been caused, while he-was in the employ of the defendant, by his being crushed between a “semi-convertible” street railway car and a post in the Arlington Heights car barn of the defendant.
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Tort for the conscious suffering and death of William B. Kempton, late of Arlington, alleged to have been caused, while he-was in the employ of the defendant, by his being crushed between a “semi-convertible” street railway car and a post in the Arlington Heights car barn of the defendant. Writ dated February 19, 1909. In the Superior Court the case was tried before Stevens, J. It appeared that the plaintiff’s intestate before the accident had worked for the defendant eleven years, that he was employed by it at the time when the Arlington Heights car barn was built and that he had worked…
1Opinion of the CourtSheldon, J.
We assume in this case that the plaintiff’s intestate had made no contractual assumption of the risk of such an accident as happened to him, for the reason that the permanent structures involved in the case were not erected until some years after he had entered upon his employment. We assume also that upon the evidence it might have been found that he was in the exercise of due care, and that the defendant had not proved that he actually had assumed the risk arising from the position in the car barn of the post with reference to the track and from the introduction of wider cars than…
2Cases cited21 opinions
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
- Thain v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
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3Cited by4 opinions
- Cole v. L. D. Willcutt & Sons Co.Massachusetts Supreme Judicial Court · 1914
- Demaris v. Van LeeuwenMassachusetts Supreme Judicial Court · 1933
- Cross v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- Kenneally v. Oceanic Steam Navigation Co.Massachusetts Supreme Judicial Court · 1918