Mears v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, by the widow of John Mears, for causing his death. Trial in the Superior Court, before Dunbar, J., who, at the defendant’s request, directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The plaintiff’s husband was killed while inspecting cars in the defendant’s freight-yard by being crushed by a car that was one of two box cars thrown against the car on which he was working by another car .kicked off from a train, and run on a descending grade with no brakeman upon it until it struck the two box cars which were left standing on the tract; with a space of about six or eight feet between them and the car at the end of which he was working. There was evidence tending to show that he was in the exercise of due care. He was in the performance of his duty, which required him to…
2Cases cited1 opinion
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by9 opinions
- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Allicia v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1936
- Copson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
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