Coffee v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ as a freight brakeman. The declaration was in four counts; the first two were at common law; the third was framed on the St. of 1887, c. 270, § 1, cl. 1, and alleged that the plaintiff was injured “ by reason of his falling from a car which was defective in not being provided with a suitable and safe brake-wheel, which car was used in the business of the defendant, and which arose from,…
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ as a freight brakeman. The declaration was in four counts; the first two were at common law; the third was framed on the St. of 1887, c. 270, § 1, cl. 1, and alleged that the plaintiff was injured “ by reason of his falling from a car which was defective in not being provided with a suitable and safe brake-wheel, which car was used in the business of the defendant, and which arose from, or had not been discovered or remedied owing to the negligence of the defendant, or of some person or persons in its…
1Opinion of the CourtAllen, J.
The declaration originally contained four counts. The first two counts were at common law, and these at the trial were, for some reason not disclosed, stricken from the declaration, and are therefore not before us. 'The third and fourth counts were framed under the employers’ liability act, St. of 1887, c. 270.
The right of an employee to maintain an action under this statute is not identical with his right to maintain an action at common law. It may be greater, or it may be less. The statute provides that in certain specified cases “ such employee shall have the same right of compensation and…
2Cases cited2 opinions
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Mackin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by17 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Felton v. BullardCourt of Appeals for the Sixth Circuit · 1899
- Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
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