O'Neil v. Keyes
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendants’ employ. Trial in the Superior Court, before Maynard, J., who, at the close of the evidence for the plaintiff, directed a verdict for the defendants; and the plaintiff alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff was in the employ of the defendants, who were contractors engaged in the filling of a street in Boston. They had a gravel bank in Allston, and had a track half a mile long, on which they ran cars by means of a locomotive engine. The road near the bank was on a very steep grade. When the engine reached the spot where the plaintiff was, the engineer cried out, “ Block her if you want her to stay.” The plaintiff took a piece of wood about three feet long, and put it behind the forward driving wheel, so that the engine would back on to the block and stop. For some reason, which does…
2Cases cited2 opinions
- Murphy v. American Rubber Co.Massachusetts Supreme Judicial Court · 1893
- Feely v. Pearson Cordage Co.Massachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Millard v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1899
- Tenanty v. Boston Manufacturing Co.Massachusetts Supreme Judicial Court · 1898
- McCoy v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1899
- Disano v. New England Steam Brick Co.Supreme Court of Rhode Island · 1898