Lawless v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ as a brakeman, by. a locomotive engine alleged to have been improperly constructed. At the trial in the Superior Court, before Gardner, J., the jury returned a verdict for the plaintiff in the sum of $4500; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtColburn, J.
The rules of law which are applicable to this case are well settled in this Common wealth.
It was the duty of the defendant to furnish a locomotive engine suitable for the work which it required the plaintiff to perform with it, and to exercise ordinary care in the performance of this duty, and it was responsible to the plaintiff, if he was using due care, for an injury resulting from its negligence or want of ordinary care in this respect. It did not necessarily discharge this duty by entrusting it to suitable servants and agents, but was responsible for the negligence or want of ordinary…
2Cases cited7 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
29 more not listed; retrieve them via the Exa API.