Content v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Blodgett, J., the plaintiff testified that on December 13, 1893, which was the day of the accident, he was employed by the defendant on. its Providence Division, where he had been working about four weeks as a “ spare man ”; that spare men were put in the places of those who happened to stay away from their work, otherwise they sat about…
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Blodgett, J., the plaintiff testified that on December 13, 1893, which was the day of the accident, he was employed by the defendant on. its Providence Division, where he had been working about four weeks as a “ spare man ”; that spare men were put in the places of those who happened to stay away from their work, otherwise they sat about waiting; that while in this capacity he had done a good deal of road work, running between Boston and Providence on freight…
1Opinion of the CourtAllen, J.
There was no conflict in the evidence as to the material points. The position of the tracks was open and visible. The use and the size of the Star Union cars were known to the plaintiff. The side tracks were used as storage tracks, and were generally filled with cars. At the place where the plaintiff was hurt, the side track was parallel with the track upon which he was riding, and had not begun to curve in towards the other track. If the car had been left upon the curve, nearer the point of junction, the case would be different; but its distance from, the track upon which the plaintiff was…
2Cases cited9 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
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3Cited by14 opinions
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
- Davis v. ForbesMassachusetts Supreme Judicial Court · 1898
- Bell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
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