Ferren v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tobt for injuries sustained by the plaintiff while in the employ of tbe defendant, by being crushed between a coal car and the wall of a brick building in close proximity to the track on which the car was moving.
Read the full summary
Tobt for injuries sustained by the plaintiff while in the employ of tbe defendant, by being crushed between a coal car and the wall of a brick building in close proximity to the track on which the car was moving. At the trial in the Superior Court, before Hammond, J., the plaintiff testified that, at the time of the accident, he had been in the employ of the defendant about seven years as a blacksmith; that there was no agreement made that he should do any work in the yard outside of the shop in which he worked; that on January 20, 1883, while he was at work as a blacksmith, the foreman of…
1Opinion of the CourtC. Allen, J.
The evidence would warrant a jury in finding that the defendant did not provide for its servants a reasonably *199safe place in which to do its work, and that there was danger in moving a car by man-power in the place where this car was, by reason of its proximity to the building, and of the gradually lessening distance between the track and the building.
But the more difficult question is, whether under the circumstances disclosed, and assuming all facts as favorably to the plaintiff as the evidence warrants, we can say, as matter of law, that the plaintiff, by voluntarily entering upon the work,…
2Cases cited5 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
3Cited by43 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
38 more not listed; retrieve them via the Exa API.