Eastman v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ as a freight conductor. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show that the plaintiff, while in the exercise of due care, and in the performance of his duties, stepped on to the railroad track in Newburyport, in front of a coal car, for the purpose of unsetting a brake; that after he had effected this he turned to step off the track, caught…
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ as a freight conductor. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show that the plaintiff, while in the exercise of due care, and in the performance of his duties, stepped on to the railroad track in Newburyport, in front of a coal car, for the purpose of unsetting a brake; that after he had effected this he turned to step off the track, caught his foot in an unblocked guard-rail, was thrown down and run over by one or more wheels of the car, on account of which…
1Opinion of the CourtAllen, J.
The statements by the plaintiff were simply a narrative of what had happened, and were not admissible as part of the res gestae. Lane v. Bryant, 9 Gray, 245. Commonwealth v. Hackett, 2 Allen, 136. Commonwealth v. McLaughlin, 5 Allen, 507. Williamson v. Cambridge Railroad, 144 Mass. 148.
Exceptions overruled.
2Cases cited1 opinion
- Williamson v. Cambridge RailroadMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- Commonwealth v. HamptonMassachusetts Supreme Judicial Court · 1966
- Dawson v. Bankers Life Co.Supreme Court of Iowa · 1933
- Cole v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- People v. StrewlAppellate Division of the Supreme Court of the State of New York · 1936
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