Babcock v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employment of the defendant. At the trial in the Superior Court, before Pitman, J., there was evidence tending to prove the following facts.
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Tort for personal injuries received by the plaintiff while in the employment of the defendant. At the trial in the Superior Court, before Pitman, J., there was evidence tending to prove the following facts. The plaintiff, a freight brakeman in the freight-yard of the defendant at South Boston, on July 30, 1885, while in the performance of his duty, attempted to get upon the footboard of the tender of a switching engine while it was in motion, and was injured by striking against some railroad ties which had been taken from the track by the section men employed in keeping it in repair, and…
1Opinion of the Court
Khowltoít, J.
The plaintiff, at the time of the accident, was engaged in the performance of his duty. He had a right to expect that the defendant’s track would be free from such obstructions as that which caused his injury. He testified at the trial, that he did not know the sleepers were there, and did not remember having ever seen them until he was hurt. If he had never noticed them, or if he had seen them and at the time of the accident failed to remember that they were there, we think it was a question for the jury whether he was in the exercise of due care.
The defendant contends that…
2Cases cited5 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
3Cited by10 opinions
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1893
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- Gustafsen v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1891
- Donahue v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1901
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