Legal Opinion

Morris v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided November 25, 1903PublishedCited by 29 opinions

Tort, under the employers’ liability act, by a section hand against the railroad company employing him, for personal injuries from being run over near Wachusett station by an east bound extra train of the defendant consisting of a snow plow and engine, through the alleged negligence of the engineer in failing to blow a whistle before turning the curve west of Wachusett station or to ring the bell while the train was passing that station, as required by the rules of the…

Read the full summary

Tort, under the employers’ liability act, by a section hand against the railroad company employing him, for personal injuries from being run over near Wachusett station by an east bound extra train of the defendant consisting of a snow plow and engine, through the alleged negligence of the engineer in failing to blow a whistle before turning the curve west of Wachusett station or to ring the bell while the train was passing that station, as required by the rules of the defendant. Writ dated February 12, 1902. At the trial in the Superior Court before Stevens, J., the jury returned a verdict…

1Opinion of the CourtLoring, J.

This is an action, brought by a section hand run over by an engine pushing a snow plow.

It was the plaintiff’s duty to clear out a switch the day after the heaviest snow storm of the year, — a storm which left the *370snow “ waist high all over the tracks.” The switch in question was east of Wachusett station. Going west from the switch, the place of the accident, Wachusett station was about two hundred yards distant on the right side of the track, and a little west of the station was a sharp curve also on the right.

About four o’clock in the afternoon of the day after the storm, the plaintiff…

2Cases cited13 opinions

  1. Aerkfetz v. HumphreysSupreme Court of the United States · 1892
  2. Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
  3. Pennsylvania Railroad v. WachterCourt of Appeals of Maryland · 1883
  4. Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
  5. Wheelwright v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
  2. Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
  3. Connelley v. Pennsylvania R.Court of Appeals for the Third Circuit · 1912
  4. Cruzan v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1917
  5. Norfolk & W. Ry. Co. v. GesswineCourt of Appeals for the Sixth Circuit · 1906

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API