Palmer v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for causing the death of the plaintiff’s intestate, Edward Hamilton, under the circumstances stated in the opinion. Writ dated February 25, 1915. In the Superior Court the action was tried before Bell, J. The material evidence is described in the opinion.
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Tort for causing the death of the plaintiff’s intestate, Edward Hamilton, under the circumstances stated in the opinion. Writ dated February 25, 1915. In the Superior Court the action was tried before Bell, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered for the defendant on the following grounds: “1. On the ground that the evidence does not justify a finding of such negligence of the defendant or its agents as would warrant a verdict for the plaintiff. “2. On the ground that there is not sufficient evidence to…
1Opinion of the CourtRugg, C. J.
The salient facts upon which this decision depends are that Edward Hamilton was'a machinist in the employ of the defendant at its repair shops in Cambridge. He lived in Wilmington and travelled to and from his work on trains of the defendant on a free pass, which in terms exonerated the defendant from all liability for negligence of itself, its servants and agents, and stipulated that in case of personal injury to him the company should not be considered a common carrier or liable to him as such. Hamilton was killed in December, 1914, as he was alighting from the train of the defendant on…
2Cases cited8 opinions
- Charleston & Western Carolina Railway Co. v. ThompsonSupreme Court of the United States · 1914
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Lakube v. CohenMassachusetts Supreme Judicial Court · 1939
- Muise v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1946
- Aho v. BLANCHETTE PARAMOUNT DEV. ASSOC.Massachusetts Appeals Court · 1984
- French v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1918
2 more not listed; retrieve them via the Exa API.