Lynch v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Patrick Lynch, who, while in the defendant’s employ, and engaged- in cleaning under a switch bar in the defendant’s yard at West Springfield, was struck by a shunted car, receiving injuries which caused his death. The declaration contained four counts, the first three being under the employers’ liability act (St. 1887, c. 270), and the fourth under Pub.
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Tort, by the administratrix of the estate of Patrick Lynch, who, while in the defendant’s employ, and engaged- in cleaning under a switch bar in the defendant’s yard at West Springfield, was struck by a shunted car, receiving injuries which caused his death. The declaration contained four counts, the first three being under the employers’ liability act (St. 1887, c. 270), and the fourth under Pub. Sts. c. 112, § 212. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant; and reported the case for the determination of this court. If the…
1Opinion of the CourtHolmes, J.
This case bears some resemblance to Davis v. New York, New Haven, & Hartford Railroad, ante, 532. The plaintiff’s intestate was killed while engaged in a stooping position, in cleaning under a switch bar in the defendant’s yard, the work being of a kind which naturally withdrew attention from approaching trains. The difference is that in this case there is no sufficient evidence that the defendant had given the deceased the right to rely upon being warned when a train or car approached, in such a way as to excuse him from using his eyes. The strongest testimony bearing upon the matter is that…
2Cases cited4 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Shea v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Maher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
3Cited by19 opinions
- Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Carlson v. Cincinnati, Saginaw & Mackinaw RailroadMichigan Supreme Court · 1899
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
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