Goodfellow v. Boston, Hartford & Erie Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff through being run over by a locomotive engine of the defendants upon a side track of their railroad in the town of Blackstone, by their alleged negligence. . At the trial in the superior court, the defendants offered no evidence; and Lord, J., directed a verdict for them on the ground that upon the plaintiff’s evidence there was a want of due care on his part; which was returned, and the plaintiff alleged exceptions.
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Tort for personal injuries sustained by the plaintiff through being run over by a locomotive engine of the defendants upon a side track of their railroad in the town of Blackstone, by their alleged negligence. . At the trial in the superior court, the defendants offered no evidence; and Lord, J., directed a verdict for them on the ground that upon the plaintiff’s evidence there was a want of due care on his part; which was returned, and the plaintiff alleged exceptions. The substance of the evidence is stated in the opinion.
1Opinion of the CourtGray, J.
We are all of opinion that the ruling of the learned iudge before whom, the trial was had was erroneous, and that the case should have been submitted to the jury.
It appears by the bill of exceptions, that the plaintiff and other workmen, employed by a contractor who under agreement with the defendants was constructing a wall to support their railroad, were engaged in holding a rope attached to a derrick in actual use for moving stones for that purpose; that the work required the derrick and rope to be in the position in which they were, and the plaintiff and his comrades to be upon the side…
2Cases cited4 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Wheelock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Hackett v. Middlesex Manufacturing Co.Massachusetts Supreme Judicial Court · 1869
- Quirk v. HoltMassachusetts Supreme Judicial Court · 1868
3Cited by26 opinions
- Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
- Crowley v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1885
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. LongIndiana Supreme Court · 1887
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