Nihill v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff’s intestate in coupling cars, and for causing his death while he was in the defendant’s -employ. ' The declaration was under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Hopkins, J., there was evidence tending to show that the intestate, who was a car inspector, was killed on May 20, 1895, by being caught between the platforms of a passenger car and a combination car on a…
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Tort, for personal injuries occasioned to the plaintiff’s intestate in coupling cars, and for causing his death while he was in the defendant’s -employ. ' The declaration was under the employers’ liability act, St. 1887, c. 270. At the trial in the Superior Court, before Hopkins, J., there was evidence tending to show that the intestate, who was a car inspector, was killed on May 20, 1895, by being caught between the platforms of a passenger car and a combination car on a passenger train which was being made up at Pittsfield, that the fireman who backed the train was at the time in charge of…
1Opinion of the CourtMorton, J.
Assuming that the fireman was a person in charge or control of the engine and cars, and that Tone was the superintendent or was acting as superintendent, we think that there was no evidence which fairly would have warranted the jury in finding that, at the time when the cars were backed and the plaintiff’s intestate was killed, either the fireman or Tone knew or had any reason to suppose that he was between the cars, and therefore they were not guilty of negligence in failing to warn, him, or to give any signal of the backing of the cars.
Further, the plaintiff’s intestate knew that two…
2Cases cited2 opinions
- Perry v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
- McLean v. Chemical Paper Co.Massachusetts Supreme Judicial Court · 1895
3Cited by1 opinion
- Herlihy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917