Osborne v. Knox & Lincoln Railroad
Supreme Judicial Court of Maine
On report. Case for negligence. Stephen Osborne, the plaintiff’s intos-tate, the servant of the railroad corporation, and master of its ferry-boat, whose duty it was to transport the cars of the defendant company across the Kennebec river, between Bath and Wool-wich, left the boat, which was lying at the wharf in readiness to transport the loaded freight cars from Woolwich to Bath, and, at the request of the conductor, unshackled the loaded cars by pulling the bolt which…
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On report. Case for negligence. Stephen Osborne, the plaintiff’s intos-tate, the servant of the railroad corporation, and master of its ferry-boat, whose duty it was to transport the cars of the defendant company across the Kennebec river, between Bath and Wool-wich, left the boat, which was lying at the wharf in readiness to transport the loaded freight cars from Woolwich to Bath, and, at the request of the conductor, unshackled the loaded cars by pulling the bolt which connected them with the others, and in doing so was caught between the hunters and crushed, and died from the effects…
1Opinion of the Court
Appleton, O. J.
This is an action of the case against the defendants to recover damages for their negligence by which the plaintiff’s intestate was so seriously injured in attempting to remove a bolt for the purpose of uncoupling certain loaded freight cars, that he died in a short time afterwards.
The plaintiff’s intestate was an employee of the defendant corporation, and the injury occurred while in their service.
If the injury was the result of accident solely, the defendants being without fault, the action is not maintainable.
If the injury was caused by the negligence or misconduct of fellow…
2Cases cited5 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Fort Wayne, Jackson & Saginaw Railroad v. GildersleeveMichigan Supreme Court · 1876
- Indianapolis Bloomington & Western R. R. v. FlaniganIllinois Supreme Court · 1875
- Hodgkins v. Eastern RailroadMassachusetts Supreme Judicial Court · 1876
- Sammon v. . New York Harlem R.R. Co.New York Court of Appeals · 1875
3Cited by9 opinions
- Kelly v. TyraSupreme Court of Minnesota · 1908
- Aga v. HarbachSupreme Court of Iowa · 1905
- Rhodes v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890
- Kalmich v. WhiteSupreme Court of Connecticut · 1920
- Geer v. Sound Transfer Co.Washington Supreme Court · 1915
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