Kilduff v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by tbe plaintiff’s intestate, Patrick Finneran, on the evening of October 31, 1900, between six and half after six o’clock. Writ dated March 14, 1901. At the trial in the Superior Court before Bell, J. it appeared that Finneran was injured, and later died, as the result of a collision between a car of the defendant on which he was being transported and a team, near the corner of Boylston Street and Warren Street in Brookline.
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Tort for personal injuries sustained by tbe plaintiff’s intestate, Patrick Finneran, on the evening of October 31, 1900, between six and half after six o’clock. Writ dated March 14, 1901. At the trial in the Superior Court before Bell, J. it appeared that Finneran was injured, and later died, as the result of a collision between a car of the defendant on which he was being transported and a team, near the corner of Boylston Street and Warren Street in Brookline. Evidence was introduced tending to show that Finneran was in the exercise of due care, and that the motorman in charge of the car…
1Opinion of the CourtMorton, J.
Although at the time of the accident the plaintiff’s intestate had finished his work for the day, and was under no obligation to do any more work for the defendant on that day, it seems to us plain that he was being transported by the defendant as an incident of his employment and that the relation between him and the defendant was therefore that of master and servant and not that of carrier and passenger. The car was a special car in which only the laborers who were working on that particular job were allowed to ride, and was furnished *309for the mutual accommodation of the company and the…
2Cases cited6 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- McGuirk v. ShattuckMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
- Tullgren v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1926
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Holt Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1919
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
15 more not listed; retrieve them via the Exa API.