Borden v. Sandy River & Rangeley Lakes R. R.
Supreme Judicial Court of Maine
On motion and exceptions by defendant. This is an action on the case to recover damages for personal injuries alleged to 'have been received in consequence of the negligence of the defendant while he was transferring freight from a car on the defendants’ narrow guage line to a car of the Maine Central Railroad Company on the adjoining track in the yard at Farmington.
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On motion and exceptions by defendant. This is an action on the case to recover damages for personal injuries alleged to 'have been received in consequence of the negligence of the defendant while he was transferring freight from a car on the defendants’ narrow guage line to a car of the Maine Central Railroad Company on the adjoining track in the yard at Farmington. While so employed, the defendant alleges that a timber or bar fell from a raised door of the Maine Central car, striking him on the shoulder and causing the injuries complained of. The plea is the general issue and brief…
1Opinion of the CourtCornish, J.
Assuming that the plaintiff originally had a valid cause of action against the defendant, to recover damages for injuries received on October 21, 1911, he voluntarily released the same on November 3, 1911, and is thereby debarred from recovering in this suit. The evidence fails to disclose any valid ground upon which the settlement then made, and the written release then given, can be set aside.
While transferring freight from a car on the defendant’s narrow guage line to a car of the Maine Central R. R. Co. on the adjoining track, in the yard at Farmington, a timber or bar fell from the…
2Cited by10 opinions
- McIsaac v. McMurraySupreme Court of New Hampshire · 1915
- Richardson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1924
- Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
- Wiggin v. SanbornSupreme Judicial Court of Maine · 1965
- Smith v. Rhode Island Co.Supreme Court of Rhode Island · 1916
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