McDonnell v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff on January 6, 1903, while in the employ of the defendant in the boiler room of its car shop in that part of Hyde Park called Readville, with a count at common law alleging that the defendant furnished the plaintiff with an unsafe and defective ladder with which to work, and counts under R. L. c. 106, § 71, cl. 1, 2, alleging respectively a defect in the ways, works or machinery of the defendant and negligence of a person…
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Tort for personal injuries received by the plaintiff on January 6, 1903, while in the employ of the defendant in the boiler room of its car shop in that part of Hyde Park called Readville, with a count at common law alleging that the defendant furnished the plaintiff with an unsafe and defective ladder with which to work, and counts under R. L. c. 106, § 71, cl. 1, 2, alleging respectively a defect in the ways, works or machinery of the defendant and negligence of a person in the service of the defendant entrusted with and exercising superintendence and whose sole or principal duty was that…
1Opinion of the CourtMorton, J.
We assume in favor of the plaintiff that the *542ladder was a part of the ways, works and machinery of the boiler room, and also, though with much more doubt, that Dutton was a person whose sole or principal duty was that of superintendence. He had charge of the engines and as engineer had the direction and control of his assistants and of the firemen, of whom the plaintiff was one. He started and stopped the engines, saw to the cleaning of them and the filling of the oil cups and the packing of the engines and did other manual labor as required. He had no power to hire or discharge his…
2Cases cited5 opinions
- Ruchinsky v. FrenchMassachusetts Supreme Judicial Court · 1897
- Regan v. DonovanMassachusetts Supreme Judicial Court · 1893
- Gouin v. Wampanoag MillsMassachusetts Supreme Judicial Court · 1898
- Nealand v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1899
- Wood v. Tileston & Hollingsworth Co.Massachusetts Supreme Judicial Court · 1903
3Cited by10 opinions
- Shipp v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Sjostedt v. WebsterMassachusetts Supreme Judicial Court · 1940
- Walsh v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
- Schaff v. EllisonCourt of Appeals of Texas · 1923
- McCarthy v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1934
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