Thyng v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Frederick Thyng, to recover for his death and suffering from injuries received while in the defendant’s employ as brakeman.
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Tort, by the administratrix of the estate of Frederick Thyng, to recover for his death and suffering from injuries received while in the defendant’s employ as brakeman. At the trial in the Superior Court, before Barker, J., there was evidence tending to show that, on July 3,1889, the intestate was the rear brakeman on a train of freight cars which was near the station at Concord, and was going from six to eight miles an hour; that the seventh car from the end broke apart from the car ahead of it; that neither of these cars belonged to the defendant ; and that the intestate who was on the…
1Opinion of the CourtKnowlton, J.
There was evidence from which the jury might have found that the plaintiff’s intestate was in the exercise of due care. ' He was engaged in the performance of his duty, and there was nothing to show that he was careless, and the case is not one which makes it incumbent on the plaintiff to prove that he did a particular act by way of precaution. Maguire v. Fitchburg Railroad, 146 Mass. 379.
The accident happened by reason of the breaking apart of a freight train. The two cars between which the coupling gave way were foreign cars, and did not belong to .the defendant. If there was a defect in…
2Cases cited4 opinions
- Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Mackin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1883
- Dacey v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by32 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Shea v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
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