Carey v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by being thrown from a hand-car on the defendant’s road. The declaration alleged that “ the plaintiff, while in the proper performance of said employment, was engaged, together with other fellow servants of the defendant, in propelling a hand-car upon the tracks of the defendant in West Boylston in Worcester County, by means of a crank attached to and a part of said car; that while so engaged, and while in the exercise…
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Tort for personal injuries occasioned to the plaintiff by being thrown from a hand-car on the defendant’s road. The declaration alleged that “ the plaintiff, while in the proper performance of said employment, was engaged, together with other fellow servants of the defendant, in propelling a hand-car upon the tracks of the defendant in West Boylston in Worcester County, by means of a crank attached to and a part of said car; that while so engaged, and while in the exercise of due and proper care, a pin or bolt which formed part of the handle of said crank and also other parts and attachments…
1Opinion of the CourtLathrop, J.
In the opinion of a majority of the court, the instructions requested by the defendant should have been given. The plaintiff had been in the employ of the defendant for several years as a section hand. The hand-car on which he was injured had been in use for several days. While there is evidence that some other hand-cars had the end of the bolt welded,' and others had the nut at the end of the handle, there is no evidence that a handle made as this one was, with a threaded screw projecting beyond the end of the nut, was not a well known device. The fact that it was more dangerous than other…
2Cases cited14 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Moulton v. GageMassachusetts Supreme Judicial Court · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Ford v. Mount Tom Sulphite Pulp Co.Massachusetts Supreme Judicial Court · 1899
- Murphy v. American Rubber Co.Massachusetts Supreme Judicial Court · 1893
- Dillon v. . National Coal Tar Co.New York Court of Appeals · 1905
7 more not listed; retrieve them via the Exa API.