Tashjian v. Boston & Maine R. R.

MORTON, Circuit Judge.

This is an action of tort for personal injuries. There was a verdict for the defendant, and the plaintiff has appealed. It was what is known as a “turntable case.”

The defendant maintained in its railroad yard at Stoneham, Mass., a turntable which was used in connection with an engine house to turn around locomotives. It was of the usual construction. The plaintiff, a boy between nine and ten years old, joined some other children who were playing with the turntable. He jumped down into the shallow pit in which the turntable revolves while it was in motion, and was caught…