Cassady v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the falling upon him of a door while he was at work in a freight car in the defendant’s employ.
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Tort, for personal injuries occasioned to the plaintiff by the falling upon him of a door while he was at work in a freight car in the defendant’s employ. The declaration contained two counts, one at common law, and the other under the employers’ liability act, St. 1887, c. 270, § 1, cl. 1. Trial in the Superior Court, before Hammond, J., who ruled that the evidence was insufficient to warrant a verdict for the plaintiff, and directed a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtLathrop, J.
The plaintiff was injured, while at work in a freight car, by the falling upon him of a grain door, which had been swung up against the roof of the car, and there fastened by a hook, a short time before, the work of swinging up and fastening being done by the plaintiff and a fellow servant.
If there was any evidence in the case which would warrant a finding that there was any defect in the door or its fastening, notwithstanding the testimony of the plaintiff and his witnesses that the hook was all right, it is to be found in the testimony of one Agnew, “ that the end of the hook was a little…
2Cases cited14 opinions
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- Kohn v. McNultaSupreme Court of the United States · 1893
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
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