Leary v. New York Central Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant, the declaration as amended containing four counts, of which only the fourth, based on the federal employers’ liability act, (U. S. Sts. at Large, c. 149, as amended by U. S. St. 1910, c. 143,) was submitted to the jury.
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Tort for personal injuries received by the plaintiff while in the employ of the defendant, the declaration as amended containing four counts, of which only the fourth, based on the federal employers’ liability act, (U. S. Sts. at Large, c. 149, as amended by U. S. St. 1910, c. 143,) was submitted to the jury. Writ dated December 14, 1917. In the Superior Court the action was tried before Keating, J. The material evidence and rulings of the judge to which the defendant excepted are described in the opinion. There was a verdict for the plaintiff in the sum of $5,250; and the defendant alleged…
1Opinion of the CourtPierce, J.
This is an action of tort based upon the federal employers’ liability act, in which the plaintiff seeks to recover damages for injuries received while in the employ of the defendant as a laborer.
It was agreed by both parties that the defendant was and is a railroad corporation engaged in interstate commerce within the meaning of the federal employers’ liability act, at the time of the accident and that the plaintiff was in fact employed in interstate commerce at the time of the injury within the meaning of that act. At the close of all the evidence the defendant, among other motions, moved…
2Cases cited6 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Chicago, Rock Island & Pacific Railway Co. v. ColeSupreme Court of the United States · 1919
- Hogan v. PennockMassachusetts Supreme Judicial Court · 1914
- Tinkham v. EversonMassachusetts Supreme Judicial Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sylvain v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932