Shea v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under the employer’s liability act, St. 1887, c. 270, for personal injuries sustained by the plaintiff through the alleged negligence of an engineer in charge of the defendant’s locomotive engine. Trial in the Superior Court, without a jury, before Stevens, J., who found for the plaintiff; and, at the request of the parties, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
This bill of exceptions presents two questions : first, whether there was evidence of negligence on the part of the defendant, and secondly, whether there was evidence that the plaintiff gave notice to the defendant of the time, place, and cause of the injury.
1. The plaintiff was employed by the defendant as a car cleaner, and she took her place at the proper time in a passenger car for the purpose of doing her work. It was a part of her duty to remain seated in the car until it was attached to the “ regular cleaning train,” which was on another track. A locomotive engine was coupled to the…
2Cases cited3 opinions
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Dacey v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by17 opinions
- Old Colony Railroad v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Costello v. Board of Appeals of LexingtonMassachusetts Appeals Court · 1975
- Old Colony Railroad v. Assessors of QuincyMassachusetts Supreme Judicial Court · 1940
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- McCord v. Masonic Casualty Co.Massachusetts Supreme Judicial Court · 1909
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