Berry v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
■ Tort for personal injuries received by the plaintiff on May 12, 1893, while in the employ of the Fitchburg Railroad Company at Rotterdam Junction, New York, through having his hand caught in a coupling by reason of alleged negligence of a switching crew alleged to have been employed by the defendant as lessee and operator of the West Shore Railroad.
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■ Tort for personal injuries received by the plaintiff on May 12, 1893, while in the employ of the Fitchburg Railroad Company at Rotterdam Junction, New York, through having his hand caught in a coupling by reason of alleged negligence of a switching crew alleged to have been employed by the defendant as lessee and operator of the West Shore Railroad. Writ in the Superior Court for the county of Suffolk dated July 22,1893. The case was tried before Sherman, J. There was evidence tending to show the following facts: At the time of the accident the plaintiff had been a brakeman in the employ of…
1Opinion of the CourtSheldon, J.
The plaintiff, it is now settled by the verdict, received Ms injuries by reason of the negligence of the members of the sMfting crew in the yard at Rotterdam Junction. These men were employed jointly by the defendant and the Fitchburg Railroad Company; and the first question raised by these exceptions is whether the judge should have ruled in accordance with. the defendant’s request, that the plaintiff and the members of tMs crew were fellow servants, and so that the plaintiff cannot recover for an injury occasioned by their negligence.
The operation of this yard and station was provided for…
2Cases cited31 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
26 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Chisholm's CaseMassachusetts Supreme Judicial Court · 1921
- Hunt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Abbott v. Link-Belt Co.Massachusetts Supreme Judicial Court · 1949
- Bell v. Dorchester Theatre Co.Massachusetts Supreme Judicial Court · 1941
- Pemberton v. BoasMassachusetts Appeals Court · 1982
13 more not listed; retrieve them via the Exa API.