Barry v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred on October 30, 1901, while the plaintiff was operating a car of the defendant as a motorman by reason of a collision of that car with another car of the defendant in the manner described in the opinion, with a count at common law alleging a failure of the defendant to furnish the plaintiff with safe appliances, machinery and instrumentalities, and a second count under the employers’ liability act alleging a defect in the ways, works or…
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Tort for personal injuries incurred on October 30, 1901, while the plaintiff was operating a car of the defendant as a motorman by reason of a collision of that car with another car of the defendant in the manner described in the opinion, with a count at common law alleging a failure of the defendant to furnish the plaintiff with safe appliances, machinery and instrumentalities, and a second count under the employers’ liability act alleging a defect in the ways, works or machinery of the defendant. Writ dated December 3, 1901. In the Superior Court White, J. ordered a verdict for the…
1Opinion of the CourtLoring, J.
The plaintiff in this case was a motorman in the employment of the defendant. He was injured by a collision between his car and another car of the defendant going in opposite directions on a single track.
The plaintiff had been in the defendant’s employ for fifteen months, and had been furnished with a book of rules which it was his duty to read and which he testified that he had read. On the morning in question, October 30, 1901, he left Arlington Centre for Sullivan Square, Boston, and return, the whole being an hour’s trip. When five minutes away from the terminus in Arlington Centre there…
2Cited by2 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Beirne v. Lawrence & Methuen Street Railway Co.Massachusetts Supreme Judicial Court · 1908