Saunders v. Boston & Maine Railroad

The plaintiff was employed to operate a one-man car upon the defendant’s electric street railway, running out of Portsmouth. He claims to have suffered a rupture while lifting with others, in tilting a car to release one Rollins, a pedestrian, who had been run upon and wedged beneath the wheel guard.

The accident occurred on March 20, 1923. The action is subject-to the provision of section 2 of the employers’ liability, act (Laws 1911-, c. 163), there being no evidence that the defendant had filed a declaration under section 3 thereof. Spilene v. Company, 79 N. H. 326. Assumption of the risks…