Goldthwait v. Haverhill & Groveland Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while employed about its car-house by the defendant, by having his leg caught between the running boards of two open cars, while one was passing the other upon a curve in the tracks leading from the car-house to the street, in Haverhill.
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Tort, for personal injuries occasioned to the plaintiff, while employed about its car-house by the defendant, by having his leg caught between the running boards of two open cars, while one was passing the other upon a curve in the tracks leading from the car-house to the street, in Haverhill. Trial in the Superior Court, before Richardson, J., who, at the defendant’s request, ruled that the action could not be maintained; directed a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If the ruling was right, judgment was to be…
1Opinion of the CourtBarker, J.
If it be assumed in favor of the plaintiff that he had no actual knowledge of the danger, yét its character and the circumstances bearing upon the question were, upon the undisputed evidence, such as to show that he ought to have known and appreciated it. It was not only incident to his employment, but so obviously incident that he must be presumed *555to have known and appreciated it, and must be held to have accepted as one of the risks of his employment the danger of injury to himself by being caught between cars swinging towards each other on the tracks at the entrance to the car-house. The…
2Cases cited15 opinions
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Howard v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1909
- Murphy v. Marston Coal Co.Massachusetts Supreme Judicial Court · 1903
- Meehan v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Thain v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
23 more not listed; retrieve them via the Exa API.