Flaherty v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained, when the plaintiff was in the employ of the defendant as a car cleaner, on December 7, 1906, alleged to have been caused by the negligence of a person in the service of the defendant in charge or control of a train. Writ dated May 8, 1907. The answer was a general denial. In the Superior Court the case was tried before Brown, J. The material facts are stated in the opinion.
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Tort for personal injuries sustained, when the plaintiff was in the employ of the defendant as a car cleaner, on December 7, 1906, alleged to have been caused by the negligence of a person in the service of the defendant in charge or control of a train. Writ dated May 8, 1907. The answer was a general denial. In the Superior Court the case was tried before Brown, J. The material facts are stated in the opinion. The accident happened at shortly after five o’clock in the afternoon. The fence, mentioned in the opinion, close to which the plaintiff was walking, was so near the track leading to…
1Opinion of the CourtDeCourcy, J.
The plaintiff was walking from the Trinity Place station to the Huntington Avenue car yard of the defendant, for the purpose of returning' his tools and delivering the usual written statement of his day’s work. Along the middle of the railroad location there was a fence; and north of this was the main track for outbound passenger trains and a spur track which led into the yard. Flaherty was walking alongside this spur track and close to a fence that formed the northerly bound of the location when he was struck from behind by a train of empty cars that was backing out from the South Station to…
2Cases cited5 opinions
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Steffe v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Hines v. Stanley G. I. Electric Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Anthony v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
3Cited by9 opinions
- French v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1918
- Cullalucca v. Plymouth Rubber Co.Massachusetts Supreme Judicial Court · 1914
- Kelly v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
- Kerrigan v. Commercial Brewing Co.Massachusetts Supreme Judicial Court · 1914
- Letchworth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
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