Walton v. New York Central Sleeping Car Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries. Trial in the Superior Court, without a jury, before Gardner, J., who reported the ease for the determination of this court, in substance as follows: The plaintiff was in the employ of the Boston and Albany Railroad Company, as a laborer and track repairer, and, on August 5,1882, was, under the direction of said railroad company, rightfully on its track, engaged in the performance of his duties, and in the exercise of due care, when an express…
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Tort for personal injuries. Trial in the Superior Court, without a jury, before Gardner, J., who reported the ease for the determination of this court, in substance as follows: The plaintiff was in the employ of the Boston and Albany Railroad Company, as a laborer and track repairer, and, on August 5,1882, was, under the direction of said railroad company, rightfully on its track, engaged in the performance of his duties, and in the exercise of due care, when an express train passed rapidly by on an adjoining track, and a bundle thrown from the passing train hit the plaintiff, and caused the…
1Opinion of the CourtW. Allen, J.
The rulings and instructions of the court were correct. There was no evidence that Maxwell was employed by the defendant to take care of his own clothing and personal effects. The act complained of was not within the scope of his employment; and it is wholly immaterial that he was, at the moment, riding in a car of the defendant in which he was employed by it for other purposes.
Judgment on the verdict.
2Cited by15 opinions
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
- McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Gibson v. DupreeColorado Court of Appeals · 1914
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