West v. Linehan
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, a postal clerk in the employ of the United States, while in the course of his duties he was on the seat of a mail wagon, and alleged to have been caused by the negligence of the driver of the wagon, who was employed by the defendant, who had contracted with the United States to carry mail from the post office in Boston to the North Station.
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Tort for personal injuries received by the plaintiff, a postal clerk in the employ of the United States, while in the course of his duties he was on the seat of a mail wagon, and alleged to have been caused by the negligence of the driver of the wagon, who was employed by the defendant, who had contracted with the United States to carry mail from the post office in Boston to the North Station. Writ in the Superior Court for the county of Middlesex dated October 8, 1903. The case was tried before Aiken, C. J. It appeared that the injury occurred at the North Station in Boston. The platform at…
1Opinion of the CourtSheldon, J.
It cannot be said as matter of law that the plaintiff was guilty of such negligence as to-bar his recovery. He was acquainted with the construction of the platform to which he went with the defendant’s driver, and seems to have been aware that there might be some danger of his head striking against the overhead beams if he went under them. But he was rightfully on the seat with th'e driver; and there was evidence that it had been the driver’s practice to stop his wagon and let the plaintiff get off the seat before backing under the beams and up to the platform. On this occasion the driver did…
2Cases cited4 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
- Erickson v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
- Kleibaz v. Middleton Paper Co.Massachusetts Supreme Judicial Court · 1902
3Cited by4 opinions
- Marchant v. ConnellyMassachusetts Supreme Judicial Court · 1957
- Smith v. KargerMassachusetts District Court, Appellate Division · 1963
- Jamieson v. MorelloMassachusetts District Court, Appellate Division · 1957
- Zakon v. SchwarzMassachusetts District Court, Appellate Division · 1961