Foley v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by a motorman, against the street railway company by which he was employed, for injuries incurred on the evening of August 23, 1903, by the collision of the car which the plaintiff was operating with a car of the Boston Elevated Railway Company which was ahead of it on the same track, alleged to have been caused by a defective brake on the car operated by the plaintiff, with four counts, of which the first and third, described in the opinion, only are material.
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Tort by a motorman, against the street railway company by which he was employed, for injuries incurred on the evening of August 23, 1903, by the collision of the car which the plaintiff was operating with a car of the Boston Elevated Railway Company which was ahead of it on the same track, alleged to have been caused by a defective brake on the car operated by the plaintiff, with four counts, of which the first and third, described in the opinion, only are material. Writ dated October 17,1903. In the Superior Court the case was tried before Sanderson, J. The facts which were shown by the…
1Opinion of the CourtRugg, J.
This is an action of tort brought to recover for personal injury sustained by the plaintiff while a motorman in the employ of the defendant. The car, which the plaintiff was driving, ran into another car ahead of it going in the same direction. The case was submitted to the jury upon the first and third counts of the plaintiff’s declaration, the former being under R. L. c. 106, § 71, cl. 1, for a defect in the ways, works and machinery, and the latter at common law, for failure to furnish a safe car. The experience of the plaintiff as motorman was during twelve days while receiving…
2Cases cited8 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Wescott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- McDonnell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
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3Cited by4 opinions
- Schuh v. R. H. Herron Co.California Supreme Court · 1917
- Perkins v. Schmit Construction Co.Supreme Court of Iowa · 1932
- Buchanan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Cummings v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916