Ellsbury v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries received by the plaintiff while in the defendant’s employ. The declaration contained three counts, the first under the employers’ liability act, St. 1887, c. 270, the second at common law, and the third under St. 1895, c. 362. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action of tort for injuries received while attempting to couple two cars together in obedience to orders. The twp cars had different kinds of drawbars; one, belonging to the defendant, a Miller, the other belonging to the Pennsylvania Railroad, a Jenny. They could be' coupled only by the use of a link and pin. A fellow servant of the plaintiff put a link into the Pennsylvania car, but according to the plaintiff’s story the drawbar of that car was too high to allow the connection, and when the cars came together it slid over the other one, and the plaintiff, who held the link, was…
2Cases cited13 opinions
- Kohn v. McNultaSupreme Court of the United States · 1893
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Fort Wayne, Jackson & Saginaw Railroad v. GildersleeveMichigan Supreme Court · 1876
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Baldwin v. C., R. I. & P. R.Supreme Court of Iowa · 1879
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3Cited by3 opinions
- Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Miller v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Dumphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907