Price v. Railway Express Agency, Inc.

This is an action of tort to recover damages for personal injuries sustained on March 24, 1945, by an employee of the defendant when he was struck by a truck negligently operated by another employee of the defendant. The plaintiff had transported a truck load of freight from the North Station in Boston to the South Station and was waiting there at the defendant’s terminal to unload these goods, which were to be shipped out of the Commonwealth, when the accident occurred. The fellow servant rule would bar the maintenance of this common law action if this defence is available to the defendant.…