Bjornquist v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by a boy eight years three and one half months old, when injured, for injuries from jumping off a freight car when ordered to do so by a servant of the defendant.
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Tort, by a boy eight years three and one half months old, when injured, for injuries from jumping off a freight car when ordered to do so by a servant of the defendant. Writ dated January 22, 1900. In the Superior Court the case was tried before Harris, J. The judge refused to order a verdict for the defendant, and submitted the case to the jury, framing also four questions, which, with the answers given by the jury, were as follows: “1. Was the plaintiff, at the time the brakeman spoke to and moved towards him, in a position of safety? ” “ He was.” “ 2. Was the car, at the time that the…
1Opinion of the CourtKnowlton, C. J.
The defendant was moving two or three oil tank cars on a short side track used for loading and unloading freight, close by its freight yard in Cambridge. The switching engine was behind the cars without being coupled to them, and the cars were pushed or “ kicked ” a short distance on the tracks, and left to stop from their own inertia. These were platform cars, constructed with a large tank extending longitudinally between points about two feet from the ends of the car, and with stakes set at intervals along the sides of the car at the edge of the floor, with an iron rod passing through the…
2Cases cited5 opinions
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Mugford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Leonard v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by26 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
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