Anthony v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Benjamin P. Anthony, for the conscious suffering and death of the plaintiff’s intestate, while in the employ of the defendant as a car inspector, from being run over by two cars of the defendant at its freight yard in Taunton on October 17, 1907, at about three o’clock in the afternoon, the suffering and death being alleged to have been the result of the negligence of some person in the service of the defendant who was in charge or…
Read the full summary
Tort, by the administrator of the estate of Benjamin P. Anthony, for the conscious suffering and death of the plaintiff’s intestate, while in the employ of the defendant as a car inspector, from being run over by two cars of the defendant at its freight yard in Taunton on October 17, 1907, at about three o’clock in the afternoon, the suffering and death being alleged to have been the result of the negligence of some person in the service of the defendant who was in charge or control of a train and of a signal or switch near the track on which the plaintiff’s intestate was run over. Writ dated…
1Opinion of the CourtSheldon, J.
If the plaintiff can rely as to the care of his intestate upon nothing but the testimony of his witness Robertson, the only eye-witness of the whole of the accident by which the intestate lost his life, he has failed to show that his intestate was then in the exercise of due care. The conclusion then could be properly stated in the language of the defendant’s brief: “It is ordinarily dangerous for a man anywhere to stand between the rails of a track of a steam railroad. This is true whether a man is an employee or is not in the service of the company. Here was a man, over seventy years of…
2Cases cited4 opinions
- Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
- Mears v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Ahearn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Brady v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
3Cited by2 opinions
- Flaherty v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Mackenzie v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912