Browne v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort by the plaintiff, as the next of kin dependent, to recover for the death of her son, William D. Browne, under the St. of 1887, c. 270. Trial in the Superior Court, before Maynard, J., who directed a verdict for the defendant; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtAllen, J.
The accident occurred in this way. A flying switch was tobe made. The switchman had been sent to throw the switch. The engine, with its head facing the cars, was backing and pulling the train along towards the switch. It had slackened its speed to enable Browne to pull out the pin and thus to uncouple the caboose car from the engine. He had hold of the chain attached to the pin, but he did not succeed in pulling it out, yet gave the signal for the engineer to start along. The engineer started faster; as soon as the engine got past the switch, the switchman without seeing that the caboose car…
2Cited by1 opinion
- Stevick v. Northern Pacific Railway Co.Washington Supreme Court · 1905