Keith v. New Haven & Northampton Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant corporation. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that, on November 28, 1883, the plaintiff was a brakeman on a freight train of the defendant, of twenty-three cars, which train left North Adams for New Haven in the afternoon, and while in the Hoosac Tunnel, about two miles east of…
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Tort for personal injuries received by the plaintiff while in the employ of the defendant corporation. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that, on November 28, 1883, the plaintiff was a brakeman on a freight train of the defendant, of twenty-three cars, which train left North Adams for New Haven in the afternoon, and while in the Hoosac Tunnel, about two miles east of North Adams, the plaintiff, while, in the line of his duty, descending from the top of a box car, fell to the ground, in…
1Opinion of the CourtDevens, J.
The instructions to the jury were full, and were excepted to only so far as there was a refusal to take the case from the jury, upon the ground that there was no sufficient evidence of any want of competent and sufficient inspectors, whom the defendant was bound to provide, or of proper superintendents, and proper instruction of them. As the car, by a defect in which the injury of the plaintiff was received, came from another road, the duty of the defendant was, not to furnish a proper instrumentality, but to make proper inspection, and this duty was performed by the employment of sufficient,…
2Cases cited3 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Mackin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by19 opinions
- Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
- Cross v. SharaffaMassachusetts Supreme Judicial Court · 1933
- Commonwealth v. HollisMassachusetts Supreme Judicial Court · 1898
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- Atchison, T. & S. F. R. v. MyersCourt of Appeals for the Seventh Circuit · 1894
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