Duffy v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred by the plaintiff on February 9,1901, while in the employ of the defendant in its Repair shop at Norwood, by the rolling against him of a pair of driving wheels of a locomotive engine attached to an axle which had been taken from the engine for repairs and were on a fall table in a pit, the first count alleging a failure properly to warn and instruct the plaintiff concerning the risks and dangers of his employment, the second count alleging…
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Tort for personal injuries incurred by the plaintiff on February 9,1901, while in the employ of the defendant in its Repair shop at Norwood, by the rolling against him of a pair of driving wheels of a locomotive engine attached to an axle which had been taken from the engine for repairs and were on a fall table in a pit, the first count alleging a failure properly to warn and instruct the plaintiff concerning the risks and dangers of his employment, the second count alleging that the fall table was in a defective and unsafe condition, the third count alleging a defect in the ways, works or…
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether there was any evidence of negligence on the part of the defendant, or of its superintendent.
There was no evidence tending to support the second and third counts of the declaration, in each of which it is averred that the defendant’s fall table was in a defective and unsafe condition.
It is contended that there was negligence on the part of Olson, the superintendent, in not providing something to block the locomotive wheels when the workmen wished to stop them or keep them in a particular position; but the testimony was undisputed that the workmen in this…
2Cases cited3 opinions
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
3Cited by4 opinions
- Healy v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1910
- Kempton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Bonin v. BallardMassachusetts Supreme Judicial Court · 1907
- Lynch v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909