Curtin v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of John F. Curtin, a conductor in the employ of the defendant, to recover for his death and conscious suffering from being crushed between two cars of the defendant on April 10, 1901, with counts under the employers’ liability act and at common law.
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Tort by the administrator of the estate of John F. Curtin, a conductor in the employ of the defendant, to recover for his death and conscious suffering from being crushed between two cars of the defendant on April 10, 1901, with counts under the employers’ liability act and at common law. Writ dated October 21, 1901. At the trial in the Superior Court before White, J. it appeared that the deceased, John F. Curtin, was the conductor on a special car which had been waiting on a spur track; that at the time of the accident the motorman on Curtin’s car ran the car out upon the main track far…
1Opinion of the CourtMorton, J.
Whether the plaintiff’s intestate was in the exercise of due care or not, in standing on the fender to adjust the trolley, was clearly, we think, a question for the jury, as was also, we think, the question whether the motorman accidentally touched the controller or the brake as he was assisting the plaintiff’s intestate, and thereby caused the car to start. The motorman testified that he was positive that he did not touch the controller and the jury could have found that the car started in some other way, though the more reasonable explanation would seem to have been that the car was started…
2Cases cited5 opinions
- Faulkner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1905
- Hofnauer v. R. H. White Co.Massachusetts Supreme Judicial Court · 1904
- Kenneson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Byrne v. Boston Woven Hose & Rubber Co.Massachusetts Supreme Judicial Court · 1906
- Hebblethwaite v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by17 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Glaser v. SchroederMassachusetts Supreme Judicial Court · 1929
- Kusick v. Thorndike & Hix, Inc.Massachusetts Supreme Judicial Court · 1916
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- James v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
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