Dyer v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for causing the death of Albert W. Dyer, who was the plaintiff’s husband. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows. Dyer was one of a section gang in the defendant’s employ. The accident occurred on December 15, 1893, in Leominster, between twenty minutes past and half past one o’clock in the afternoon.
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Tort, under the employers’ liability act, St. 1887, c. 270, for causing the death of Albert W. Dyer, who was the plaintiff’s husband. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows. Dyer was one of a section gang in the defendant’s employ. The accident occurred on December 15, 1893, in Leominster, between twenty minutes past and half past one o’clock in the afternoon. The gang had just returned from dinner, and started to do some work at the east end of the freight yard. The railroad at this place runs nearly north and south. There…
1Opinion of the CourtField, C. J.
There was not sufficient evidence of the due. care of the plaintiff’s husband. He probably was struck by the caboose of the local freight train when backing down on the west bound track. Precisely how the accident happened does not appear. There was a sufficient space between the east and west bound tracks for Dyer to walk in safety, and no reasons appear why he should have been walking either between the rails of the west bound track or so near to the tracks as to be hit by the caboose. He was a trackman, and the accident occurred between twenty minutes past and half past one o’clock in the…
2Cited by5 opinions
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- Buckley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Tirrell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Nadeau v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1942