Kenneson v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, for the conscious suffering and for causing the death of John H. Kenneson, the plaintiff’s intestate. Trial in the Superior Court, before Q-ashill, J., who, at the close of the plaintiff’s evidence, directed a verdict for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for running over the plaintiff’s intestate with an electric car on which he was employed as motor man. The car had reached its destination, Somerville; the conductor went to the Somerville end, shifted the trollej', and pushed in the fender. The deceased took off the motor handles and gong tapper, went to the other end, which now would be the front of the car, and was seen to stoop down and to take hold of the fender. Very shortly afterward the car started, and he was caught under the wheels and fatally injured. What caused the car to start is wholly uncertain. See Ross v.…
2Cases cited2 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Ross v. Pearson Cordage Co.Massachusetts Supreme Judicial Court · 1895
3Cited by15 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- Curtin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Gregory v. American Thread Co.Massachusetts Supreme Judicial Court · 1905
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