Fuller v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff, while in the defendant’s employ as a locomotive fireman, by the bursting of the glass tube of an oiler attached to the boiler of a locomotive engine, through the alleged negligence of the defendant.
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Tort, for personal injuries sustained by the plaintiff, while in the defendant’s employ as a locomotive fireman, by the bursting of the glass tube of an oiler attached to the boiler of a locomotive engine, through the alleged negligence of the defendant. Trial in the Superior Court, before Gtaskill, J., who, at the defendant’s request, ruled that the action could not be maintained, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear sufficiently in the opinion.
1Opinion of the CourtBarker, J.
In our opinion the court was right in ordering the verdict. The only ground for contending that the defendant was negligent was its having in use the appliance by the bursting of which the plaintiff was hurt. But upon the evidence introduced by the plaintiff that appliance was one well known,and in *425common use, and purchased of a well known and reputable maker, by whom all such appliances were thoroughly and carefully tested before being sold for use. While the plaintiff’s evidence tended to show that before the time of the accident in very rare instances some kind of a guard had been used…
2Cases cited3 opinions
- Reynolds v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1897
- Bell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Lehman v. Van NostrandMassachusetts Supreme Judicial Court · 1896
3Cited by10 opinions
- Erickson v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
- Wolfe v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1905
- Props v. Washington Pulley & Manufacturing Co.Washington Supreme Court · 1910
- Ragolsky v. NurenbergMassachusetts Supreme Judicial Court · 1912
- Lamberti v. NealMassachusetts Supreme Judicial Court · 1925
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