Hix v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort against a railroad corporation under St. 1908, c. 463, Part I, § 63, as amended by St. 1907, c. 392, and St. 1912, c. 354, by the administratrix of the estáte of Warren A. Hix, late of Concord, for causing the death of the plaintiff’s intestate on October 9, 1913, when he in the employ of the defendant was engaged in making measurements on the face of a steep or vertical cliff -adjoining the defendant’s railroad property at Becket, by failing to provide a reasonably…
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Tort against a railroad corporation under St. 1908, c. 463, Part I, § 63, as amended by St. 1907, c. 392, and St. 1912, c. 354, by the administratrix of the estáte of Warren A. Hix, late of Concord, for causing the death of the plaintiff’s intestate on October 9, 1913, when he in the employ of the defendant was engaged in making measurements on the face of a steep or vertical cliff -adjoining the defendant’s railroad property at Becket, by failing to provide a reasonably safe rope for the intestate to be lowered over the edge of the cliff for the purpose of making such measurements and to be…
1Opinion of the CourtDe Courcy, J.
The plaintiff’s intestate, Warren A. Hix, was instantly killed on October 9, 1913, while working as one of an engineering crew in the employ of the defendant. This action is brought to recover damages in the nature of a penalty prescribed by St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, *311and St. 1912, c. 354. The only question presented is, whether there was evidence entitling the plaintiff to go to the jury.
The evidence would warrant the finding of the following facts: The defendant was building a new piece of road at Becket, the work of excavation being done by an…
2Cases cited8 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Doherty v. BoothMassachusetts Supreme Judicial Court · 1909
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Armburg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931
- McGonigle v. O'NeillMassachusetts Supreme Judicial Court · 1922
- Petrol Corporation v. CurtisCourt of Appeals of Maryland · 1948
- Fahey v. OsolMassachusetts Supreme Judicial Court · 1959