Holden v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the employ of the defendant corporation as a brakeman. At the trial in the Superior Court at November term 1877, before Wilkinson, J., the plaintiff offered to prove the following facts: Prior to June 1876, a public street in Fitchburg had crossed the defendant’s railroad by a bridge resting on stone abutments, the railroad at that point passing through a deep cut.
Read the full summary
Tort for personal injuries sustained by the plaintiff while in the employ of the defendant corporation as a brakeman. At the trial in the Superior Court at November term 1877, before Wilkinson, J., the plaintiff offered to prove the following facts: Prior to June 1876, a public street in Fitchburg had crossed the defendant’s railroad by a bridge resting on stone abutments, the railroad at that point passing through a deep cut. In June 1876, upon the petition of the defendant and others, the city council of Fitchburg discontinued a part of this street, including the part which crossed the…
1Opinion of the CourtGray, C. J.
It is well settled in this Commonwealth, and in Great Britain, that the rule of law, that a servant cannot maintain an action' against his master for an injury caused by the fault or negligence of a fellow-servant, is not confined to the case of two servants working in company, or having opportunity to control or influence the conduct of each other, but extends to every case in which the two, deriving their authority and their compensation from the same source, are engaged in the same business, though in different departments of duty. Farwell v. Boston & Worcester Railroad, 4 Met. 49.…
2Cases cited21 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
16 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Sayward v. CarlsonWashington Supreme Court · 1890
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
57 more not listed; retrieve them via the Exa API.