Porter v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort under the employers’ liability act for personal injuries received by the plaintiff shortly after 8.05 p. M. on June 17, 1907, while he was employed and at work as a laborer in the defendant’s freight yard at Fitchburg, from being struck by a regular passenger train of the defendant which was made up at and started from the Fitchburg station at 8.05 every evening/ Writ dated May 16, 1908. In the Superior Court the case was tried before Lawton, J. It appeared that due…
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Tort under the employers’ liability act for personal injuries received by the plaintiff shortly after 8.05 p. M. on June 17, 1907, while he was employed and at work as a laborer in the defendant’s freight yard at Fitchburg, from being struck by a regular passenger train of the defendant which was made up at and started from the Fitchburg station at 8.05 every evening/ Writ dated May 16, 1908. In the Superior Court the case was tried before Lawton, J. It appeared that due notice of the injury was given by the plaintiff in accordance with the provisions of the statute. The jury took a view of…
1Opinion of the CourtSheldon, J.
The plaintiff was in the employ of the defendant as a laborer. While he was at work in the railroad yard putting coal from a car upon an engine, he was ordered to go to the “ sand house ” and “ sand up ” an engine. He started toward the sand house, came to the track which led in that direction, stepped upon the track, looked up and saw nothing coming, and then proceeded along the track, without looking behind him, was struck from behind by the engine of a train coming upon *273that track, and received the injuries for which he seeks to recover. Plainly upon these facts his own negligent conduct…
2Cases cited17 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Pacheco v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1926
- Casey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1919
- Pierce v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913
- Shannon v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.