Mahoney v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, § 1, cl. 2, for personal injuries occasioned to the plaintiff, while in the employ of the defendant corporation as a freight handler, by the alleged negligence of the defendant’s superintendent. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. Evidence tending to show the following facts was introduced.
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Tort, under St. 1887, c. 270, § 1, cl. 2, for personal injuries occasioned to the plaintiff, while in the employ of the defendant corporation as a freight handler, by the alleged negligence of the defendant’s superintendent. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. Evidence tending to show the following facts was introduced. The men who worked in the freight-house, where the plaintiff was employed, were all under the general orders and supervision and control of an officer, known as the foreman of the house. The men were…
1Opinion of the CourtKnowlton, J.
The questions raised by this bill of exceptions and argued by the defendant are three: first, whether there was evidence to warrant a finding that Grady, the section foreman, was a person whose sole or principal duty was that of superintendence within, the meaning of the statute ; secondly, whether there was evidence that the plaintiff was in the exercise of due care; and thirdly, whether there was evidence of negligence on the part of the defendant.
It appeared that Grady was a section foreman having immediate charge and superintendence of a gang of five men. It was his duty to take receipts,…
2Cases cited2 opinions
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
3Cited by13 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- Doe v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Murphy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
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