Fisk v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ as a freight brakeman, by coming in contact with the wooden awning projecting from the defendant’s passenger station at Greenfield. Trial in the Superior Court, before Hopkins, J., who, at the close of the testimony, ordered a verdict for the defendant; and the plaintiff alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtAllen, J.
The defendant’s station at Greenfield had a projecting awning, to protect passengers in getting into or out of the cars from the rain. All the principal stations on the railroad had such awnings, and there had been no change in the one at Greenfield since the plaintiff had worked on the road. His work on the road began in 1886; it was not continuous, but before the accident he had worked on the railroad certainly *239two years, running all the time on the same division, from Fitch-burg to Williamstown and back. He had been over the road both in the daytime and by night, never very much on the day…
2Cases cited4 opinions
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Illick v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1888
- Mackin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
- Wood v. LockeMassachusetts Supreme Judicial Court · 1888
3Cited by18 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
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