McLeod v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of a freight brakeman against the railroad company employing him, for causing the death of the plaintiff’s intestate in the manner stated in the opinion and for his conscious suffering. In the Superior Court Hardy, J. ruled that on the evidence the plaintiff was not entitled to recover and ordered a verdict for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtLoring, J.
This is an action by an administrator to recover for conscious suffering and the death of his intestate.
The plaintiff’s intestate was emploj'ed by the defendant as a freight brakeman on the Monday preceding the Monday on which he was killed. When employed he had had no experience on railroads. When he was killed he was standing on the step of an open flat car, facing it. The car was loaded with ashes and was being pushed down to an ash dump in the Norwood yard of the defendant. The plaintiff’s intestate was killed by being knocked off by the corner of a building which was two feet and seven…
2Cases cited21 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
- Murphy v. American Rubber Co.Massachusetts Supreme Judicial Court · 1893
16 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Demaris v. Van LeeuwenMassachusetts Supreme Judicial Court · 1933
- Murray v. Nantasket Beach Steamboat Co.Massachusetts Supreme Judicial Court · 1924
5 more not listed; retrieve them via the Exa API.