Hyslop v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been sustained by the plaintiff on October 21,1905, from being run over by a train of the defendant at its station on its Fitchburg division at Greenfield. Writ dated March 12, 1906. In the Superior Court the case was tried before DeQourcy, J., together with another action for the same injuries against the plaintiff’s employer, one McLean.
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Tort for personal injuries alleged to have been sustained by the plaintiff on October 21,1905, from being run over by a train of the defendant at its station on its Fitchburg division at Greenfield. Writ dated March 12, 1906. In the Superior Court the case was tried before DeQourcy, J., together with another action for the same injuries against the plaintiff’s employer, one McLean. The following facts appeared: The plaintiff was a carpenter in the employ of McLean, a maker of store fixtures in Boston. One Wood was the proprietor of a restaurant in the station of the defendant’s railroad at…
1Opinion of the CourtLoring, J.
The plaintiff was run down by a passenger train of the defendant railroad corporation as he was crossing its two main tracks at Greenfield to unload a freight car on the third track, the track next beyond the two main tracks. The freight car in question was loaded with fixtures for the restaurant in the Greenfield station which Wood, the proprietor of the restaurant, had bought of one McLean, the plaintiff’s employer. By the terms of the agreement of purchase McLean was to put the fixtures in place in the restaurant, and McLean’s son as foreman had come from Boston on the day in question with…
2Cases cited2 opinions
- Bachant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Beers v. Isaac Prouty & Co.Massachusetts Supreme Judicial Court · 1909
3Cited by12 opinions
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- Boice-Perrine Co. v. KelleyMassachusetts Supreme Judicial Court · 1923
- Dube's CaseMassachusetts Supreme Judicial Court · 1917
- Moulton v. MoultonSupreme Court of Minnesota · 1929
- Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
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