Wood v. Locke
Massachusetts Supreme Judicial Court
Tort, against the manager of the Troy and Greenfield Railroad and the Hoosac Tunnel, for personal injuries occasioned to the plaintiff, a railroad brakeman, by catching his foot in an unblocked frog.
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Tort, against the manager of the Troy and Greenfield Railroad and the Hoosac Tunnel, for personal injuries occasioned to the plaintiff, a railroad brakeman, by catching his foot in an unblocked frog. At the trial in the Superior Court, before Staples, J., it was agreed that the defendant was such manager at the time of the accident and the bringing of the action, and that the Troy and Boston Railroad had the right, under a contract between it and such manager, or his predecessor in office, to use the yard and tracks of the Troy and Greenfield Railroad at North Adams. There was evidence that…
1Opinion of the CourtW. Allen, J.
The plaintiff knew the condition of the tracks and the danger attending their use, and voluntarily assumed the known risks of his employment upon them. Pingree v. Leyland, 135 Mass. 398. Moulton v. Gage, 138 Mass. 390. Leary v. Boston & Albany Railroad, 139 Mass. 580. Taylor v. Carew Manuf. Co. 140 Mass. 150. Lake Shore & Michigan Southern Railway v. McCormick, 74 Ind. 440.
It does not make in the plaintiff’s favor that he was not in the employment of the defendant, but in that of the Troy and Boston Railroad Company, a corporation that was authorized to use the tracks. Whatever the…
2Cases cited5 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Moulton v. GageMassachusetts Supreme Judicial Court · 1885
- Pingree v. LeylandMassachusetts Supreme Judicial Court · 1883
3Cited by20 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
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