Lizotte v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Michael Lizotte, who also was his widow, to recover for his conscious suffering and death while employed by the defendant as a section hand, alleged to have been caused by the negligence of a person in charge and control of a train of the defendant, or by a defect in a brake of a car constituting a part of the ways, works or machinery of the defendant.
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Tort by the administratrix of the estate of Michael Lizotte, who also was his widow, to recover for his conscious suffering and death while employed by the defendant as a section hand, alleged to have been caused by the negligence of a person in charge and control of a train of the defendant, or by a defect in a brake of a car constituting a part of the ways, works or machinery of the defendant. Writ dated March 27, 1905. At the trial in the Superior Court, before Wait, J., the evidence for the plaintiff was introduced which is described in substance in the opinion. At the close of the…
1Opinion of the CourtSheldon, J.
In our opinion the verdict for the defendant was ordered rightly. The plaintiff’s intestate, Michael Lizotte, had been employed for about seven years as a section man in the Worcester yard of the defendant. His work consisted mainly in keeping the interlocking switch system, shown upon the plan which was used at the trial and at the argument before us, clear from snow and ice, keeping the drainage ditches open and doing such other work about the yard as the foreman might set him to do. He was a competent man. His eyesight and hearing were good. -The section men were supposed to look out for…
2Cases cited12 opinions
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Tyndale v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Shea v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- French v. SabinMassachusetts Supreme Judicial Court · 1909
- Luiz v. FalveyMassachusetts Supreme Judicial Court · 1917
- Polmatier v. NewburyMassachusetts Supreme Judicial Court · 1918
- Gooch v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.