Tirrell v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Two actions OF TORT by the widow and administratrix of a gateman at a railroad crossing to recover under the statutes cited by the court for the death of her husband and intestate by reason of the negligence of the defendant. Writs dated October 20, 1900. In the Superior Court, Bishop, J. ordered verdicts for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHolmes, C. J.
These actions are brought under St. 1887, c. 270, §§ 1, 2, for the death of the plaintiff’s husband and intestate, Joseph R. Tirrell, with a count in the second case under Pub. Sts. c. 112, § 212, St. 1883, c. 243. Tirrell was employed by the defendant as a gateman at a crossing. The accident happened at this crossing at night. It was usual for a south bound freight train from Boston to make some changes at this place and time, and it was engaged in making them when Tirrell was killed. In the process the engine necessarily moved and had moved to and fro past the crossing. Tirrell had shut his…
2Cases cited3 opinions
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Granger v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Dyer v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by1 opinion
- Judge v. ElkinsMassachusetts Supreme Judicial Court · 1903