Byrnes v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under R. L. c. 106, § 71, cl. 3, and § 73, by the widow of one alleged to have been instantly killed as the result of negligence of an engineer in the employ of the defendant in the operation of a locomotive engine.
Read the full summary
Tort, under R. L. c. 106, § 71, cl. 3, and § 73, by the widow of one alleged to have been instantly killed as the result of negligence of an engineer in the employ of the defendant in the operation of a locomotive engine. Writ in the Superior Court for the county of Suffolk dated September 29, 1904. There was a trial on October 25, 1906, before Holmes, J. At the close of the plaintiff’s case, both parties rested and, on motion of the defendant, the jury under the direction of the presiding judge returned a verdict for the defendant, and the plaintiff alleged exceptions which, owing to the…
1Opinion of the CourtSheldon, J.
The plaintiff waives her exceptions to the admission and exclusion of evidence, and relies solely on the claim that she was entitled to go to the jury on the issue as to the negligence of the engineer who was in charge of the engine that struck her husband. R. L. c. 106, § 71, cl. 3. We have not found it necessary, however, to consider this question, for we are of opinion that her husband was himself guilty of negligence which contributed to the accident.
He was an experienced railroad man. He was walking along by the side of the “ run-around ” track, so called, in the defendant’s yard, and…
2Cases cited2 opinions
- Dolphin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Vecchioni v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1906
3Cited by8 opinions
- Geiger v. GeigerOhio Supreme Court · 1927
- Joyce v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1938
- Squire, Supt. v. BatesOhio Supreme Court · 1936
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Long v. Pacific Ry. & Nav. Co.Oregon Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.