Turner v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, against the Boston and Maine Railroad and the Fitch-burg Railroad Company, for personal injuries occasioned to the plaintiff’s testator, Frank H. Turner, while in the discharge of his duties as a brakeman in the employ of the Fitchburg Railroad Company, by having his foot caught in a frog in the tracks of the Boston and Maine Railroad.
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Tort, against the Boston and Maine Railroad and the Fitch-burg Railroad Company, for personal injuries occasioned to the plaintiff’s testator, Frank H. Turner, while in the discharge of his duties as a brakeman in the employ of the Fitchburg Railroad Company, by having his foot caught in a frog in the tracks of the Boston and Maine Railroad. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict for the Fitchburg Railroad Company, and for the plaintiff as against the Boston and Maine Railroad; and the latter alleged exceptions, which appear in the opinion.
1Opinion of the CourtAllen, J.
1. The Boston and Maine Railroad contends that there was no evidence to warrant the jury in finding that the plaintiff’s testator was rightfully upon its tracks, or, at most, that when there he had any other rights than those of a licensee. This view cannot be sustained. There was evidence tending *263to show that it was customary for the Fitchburg Railroad Company to deliver cars to the Boston and Maine Railroad upon the track in question, in the usual course of business between the two railroad companies, and that, on the occasion of the accident, a car had been so delivered, but was not pushed…
2Cases cited13 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Chicago & Erie Railroad v. DiniusIndiana Supreme Court · 1913
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Chicago Terminal Transfer Railroad v. VandenbergIndiana Supreme Court · 1905
18 more not listed; retrieve them via the Exa API.