Cannon v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, by a section hand for personal injuries sustained while working on one of four parallel tracks of the defendant about three hundred and eighty yards from the station of the defendant called Boylston Street. Writ dated May 12,1903. In the Superior Court Holmes, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
Irrespective of any inquiry as to the defendant’s negligence, unless it is shown that the plaintiff was in the exercise of due care at the time of the accident he cannot recover. From the material and undisputed evidence given by him, it appears that when injured he had been engaged in working on that section for the defendant or its predecessor in the ownership or control of the railroad for thirty-six years, and was thoroughly familiar with the number and location of the tracks, and the running of trains. Upon the morning of the injury he had been engaged in tamping ties, and necessarily…
2Cases cited3 opinions
- Content v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1896
- Coombs v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- Dyer v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by2 opinions
- Porter v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- Skinner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909