Wescott v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries resulting to the plaintiff, while in the employ of the defendant as a conductor, from a collision of trains upon the defendant’s railroad. At the trial in the Superior Court, Dunbar, J. ruled, against the plaintiff’s objection, that the action could not be maintained, and ordered a verdict for the defendant; and the plaintiff alleged exceptions, which, so far as material to the points decided, appear in the opinion.
1Opinion of the CourtKnowlton, J.
The direct and proximate cause of the accident was the starting of the train in violation of the rules of the road, when another train running in the opposite direction was overdue at the station, and was expected to come immediately over the same track. The person primarily responsible for this negligent act was Jenks, the defendant’s agent in charge of that part of its road, under the direction of the officers and agents of the whole road and of the division superintendent of the eastern division. But the plaintiff was a conductor in charge of a passenger train; he had been employed for…
2Cases cited1 opinion
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
3Cited by17 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Lamson v. American Axe & Tool Co.Massachusetts Supreme Judicial Court · 1900
- Burke v. DavisMassachusetts Supreme Judicial Court · 1906
- Chicago Great Western Ry. Co. v. CrottyCourt of Appeals for the Eighth Circuit · 1905
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