Coates v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, at the freight yard in Lynn, upon the Eastern Division of the defendant’s railroad.
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Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, at the freight yard in Lynn, upon the Eastern Division of the defendant’s railroad. At the trial in the Superior Court, Pitman, J. refused to rule that the plaintiff could not recover upon the evidence, and submitted the case to the jury, which returned a verdict for the plaintiff; and the defendant alleged exceptions, which, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action for personal injuries, and the question is whether there was any evidence on which the plaintiff was entitled to go to the jury. There was evidence tending to prove the following facts.
A train with coal cars in the middle and box cars behind them was to be broken up in the defendant’s Lynn freight yard. As the train was about to start, the plaintiff, a brakeman, was ordered by the conductor, under whom he was working, to separate the box cars from the coal cars, and to fide upon one of the coal cars, probably for the purpose of pulling out the pin and separating the box cars…
2Cases cited1 opinion
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
- St. Louis & San Francisco Railroad v. MorrisSupreme Court of Kansas · 1907
- Wood's Administratrix v. Southern Railway Co.Supreme Court of Virginia · 1905
- Wallace v. RailroadSupreme Court of North Carolina · 1906
- Chicago, B. & Q. R. Co. v. MurrayWyoming Supreme Court · 1929
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