Foss v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, e. 270, § 2, by the next of kin of William F. Foss, to recover for his instantaneous death while in the employ of the defendant, alleged to have been caused by the negligent act of a servant of the defendant in charge of a locomotive engine.
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Tort, under the St. of 1887, e. 270, § 2, by the next of kin of William F. Foss, to recover for his instantaneous death while in the employ of the defendant, alleged to have been caused by the negligent act of a servant of the defendant in charge of a locomotive engine. At the trial in the Superior Court, before Lilley, J., at the close of the evidence for the plaintiffs, the judge directed the jury to return a verdict for the defendant; and the plaintiffs alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
The bill of exceptions refers to the pleadings, and, while no question of pleading is raised, we may briefly state the declaration in order to ascertain the grounds upon which the plaintiffs seek to recover. This sets forth that William F. Foss was in the employ of the defendant as the station agent at Roslindale, on October 12, 1892, and as such it was his duty “ to place on the track in front of the station, after a train had passed, a red lantern as a signal to any approaching train that another train was just ahead, and as a warning to the engineer in charge of such approaching train to…
2Cases cited7 opinions
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Rigg v. Boston, Revere Beach, & Lynn RailroadMassachusetts Supreme Judicial Court · 1893
- Connolly v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1893
- Young v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
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