Farwell v. Boston & Worcester Rail Road
Massachusetts Supreme Judicial Court
In an action of trespass upon the case, the plaintiff alleged m his declaration, that he agreed with the defendants to serve them in the employment of an engineer in the management and care of their engines and cars running on their rail road between Boston and Worcester, and entered on said employment, and continued to perform his duties as engineer till October 30th 1837, when the defendants, at Newton, by their servants, so carelessly, negligently and unskilfully managed…
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In an action of trespass upon the case, the plaintiff alleged m his declaration, that he agreed with the defendants to serve them in the employment of an engineer in the management and care of their engines and cars running on their rail road between Boston and Worcester, and entered on said employment, and continued to perform his duties as engineer till October 30th 1837, when the defendants, at Newton, by their servants, so carelessly, negligently and unskilfully managed and used, and put and placed the iron match rail, called the short switch, across the rail or track of their said rail…
1Opinion of the CourtShaw, C. J.
This is an action of new impression in our courts, and involves a principle of great importance It presents a case, where two persons are in the service and employment of one company, whose business it is to construct and maintain a rail road, and to employ their trains of cars to carry persons and merchandize for hire. They are appointed and employed by the same company to perform separate duties and services, all tending to the accomplishment of one and the same purpose — that of the safe and rapid transmission of the trains ; and they are paid for their respective services according to the…
2Cited by15 opinions
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- Vandalia Railroad v. StillwellIndiana Supreme Court · 1914
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
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