Elmer v. Locke
Massachusetts Supreme Judicial Court
Tort against the manager of the Troy and Greenfield Railroad and Hoosac Tunnel, for personal injuries received by the plaintiff, a brakeman, while in the employ of the defendant. At the trial in the Superior Court, before Staples, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtDevens, J.
There was evidence that the plaintiff was in the exercise of due care as a brakeman on the defendant’s railroad; that a spur track, which had been in use for more than a year, led from the main line, and had been constructed for the purpose of approaching a stone-crusher and bringing therefrom stone, which had been broken, to ballast the tracks of the railroad ; and that the falling of the trestle-work which supported a portion of this spur track, upon which the cars stood, and which was constructed for them to stand upon after they were loaded and before they were drawn away by the…
2Cases cited7 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
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