Maher v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, c. 270. The material part of the declaration was as follows: “ And the plaintiff says that she is the mother and next of kin of Peter W. Maher; that on or about February 4, 1891, the said Peter W. Maher, now deceased, was employed by the defendant corporation; that while he was so employed, and in the exercise of due care, the defendant so negligently and carelessly ran a car, upon which he was required in the course of his employment to be,…
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Tort, under the St. of 1887, c. 270. The material part of the declaration was as follows: “ And the plaintiff says that she is the mother and next of kin of Peter W. Maher; that on or about February 4, 1891, the said Peter W. Maher, now deceased, was employed by the defendant corporation; that while he was so employed, and in the exercise of due care, the defendant so negligently and carelessly ran a car, upon which he was required in the course of his employment to be, under a bridge, and so negligently and carelessly protected him in properly guarding the approach to said bridge, thereby…
1Opinion of the CourtBarker, J.
1. There is sufficient evidence to justify the inference that the deceased was in the exercise of due care. His duty required him to be on the rear car of the train. This was a tall refrigerator car attached to the rear end of the caboose. When he left the caboose, he was told to get on the top of this car with the flag, ready to flag the rear end; and one witness saw him getting on the car, holding to the brake-wheel. His duty required him to watch the rear of the train, and it may well be inferred that he rode on the top of the car with his face to the rear. It was not negligent for him so…
2Cases cited6 opinions
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Tyndale v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
- Mulchahey v. Washburn Car Wheel Co.Massachusetts Supreme Judicial Court · 1887
- Shea v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Lang v. TerryMassachusetts Supreme Judicial Court · 1895
- Santore v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
7 more not listed; retrieve them via the Exa API.