McCauley v. Springfield Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ by being thrown from the bumper of a street car in the evening of May 3,1896, while he was adjusting the trolley pole to the wire overhead.
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ by being thrown from the bumper of a street car in the evening of May 3,1896, while he was adjusting the trolley pole to the wire overhead. The declaration contained four counts, one at common law and three under the employers’ liability act, St. 1887, c. 270. Trial in the Superior Court before Dewey, J., who, at the close of the evidence for the plaintiff, directed the jury, at the defendant’s request, to return a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHolmes, J.
This is an action of tort for personal injuries, brought by a conductor on the defendant’s road. While his car passed under a low bridge the trolley had to be disconnected from the wire and connected again when it emerged. The car had a closed end with a window, out of which it was difficult to lean to make the connection, and the plaintiff had stepped around to the outside and was standing upon a bumper of the car, when he was thrown off by a jolt. For several weeks the track had been uneven at this point in consequence of the frost, having been lifted two or three inches. This the plaintiff…
2Cited by7 opinions
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Ottinger v. Detroit United RailwayMichigan Supreme Court · 1911
- Spooner v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
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