Legal Opinion

Olsen v. Andrews

Massachusetts Supreme Judicial Court

Decided May 18, 1897PublishedCited by 28 opinions

Tort, for personal injuries occasioned to the plaintiff, while employed by the defendant in repairing a bridge, by being run over by a derrick car. Trial in the Superior Court, before Blodgett, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts sufficiently appear in the opinion.

1Opinion of the CourtKnowlton, J.

At the close of the testimony the presiding justice ruled that there was no evidence to warrant a verdict for the plaintiff, and directed a verdict for the defendant.

There was evidence that the plaintiff was in the exercise of due care. According to the testimony all the men employed by the defendant boarded on the west side of the Hudson River, while their work was upon a bridge crossing the river, and a part of it at the east end of the bridge. The only way from the plaintiff’s work to his boarding place was over the bridge on the northerly or west bound track, which was given up by the…

2Cases cited8 opinions

  1. Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
  2. Pittsburgh, Fort Wayne, & Chicago Railway Co. v. RubyIndiana Supreme Court · 1871
  3. Hatt v. NayMassachusetts Supreme Judicial Court · 1887
  4. Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
  5. Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885

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3Cited by28 opinions

  1. Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  2. Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
  3. Novack v. Montgomery Ward & Co.Supreme Court of Minnesota · 1924
  4. Murphy v. MiettinenMassachusetts Supreme Judicial Court · 1945
  5. Lamphere v. Oregon R. & Nav. Co.Court of Appeals for the Ninth Circuit · 1912

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