Lovejoy v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tout for personal injuries occasioned to the plaintiff while m the employ of the defendant as a locomotive engineer. Answer, a general denial.
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Tout for personal injuries occasioned to the plaintiff while m the employ of the defendant as a locomotive engineer. Answer, a general denial. Trial in this court, before JEndicott, J., whs reported the case for the consideration of the full court, in substance as follows: The plaintiff testified that, at the time of the accident, he was running a passenger train from Lowell to Boston; that at Winchester, a station on the defendant’s road, it was the custom to detach cars from the rear of the train, and leave them at that point; that this was accomplished by starting the train and running a…
1Opinion of the CourtEndicott, J.
The plaintiff was in the employment of the defendant as a locomotive engineer. The electric signal-posts, against one of which the plaintiff struck when leaning outside his locomotive and looking back, to take a signal from the conductor, were placed three feet and eight inches from the track, and were two feet and a half from the outside of a passing locomotive. They were conspicuous objects ten feet in height, with a signal-box on top, three feet in diameter, and the post in question was visible for nearly half a mile in either direction. The abutments of forty-six bridges, numerous…
2Cases cited1 opinion
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by52 opinions
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- Jenney Electric Light & Power Co. v. MurphyIndiana Supreme Court · 1888
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
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