Bence v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort by a freight brakeman employed by the defendant for injuries alleged to have been caused by the negligence of the defendant in placing and leaving a car on an intersecting track so near the junction with the track on which the plaintiff’s car was moving that the plaintiff was knocked from the car and injured, with a second count, alleging that the defendant provided a freight yard insufficient in capacity and area and so laid out as to be dangerous, and negligently…
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Tort by a freight brakeman employed by the defendant for injuries alleged to have been caused by the negligence of the defendant in placing and leaving a car on an intersecting track so near the junction with the track on which the plaintiff’s car was moving that the plaintiff was knocked from the car and injured, with a second count, alleging that the defendant provided a freight yard insufficient in capacity and area and so laid out as to be dangerous, and negligently allowed cars to stand too near the junction of intersecting tracks so as to make it dangerous for trains to pass, whereby…
1Opinion of the CourtLathrop, J.
This is an action of tort by a person who is described in the writ as of New London in the State of Connecticut, against a Connecticut corporation, having a usual place of business in this Commonwealth, for an injury sustained by him in Connecticut. We assume for the purposes of the case that the court has jurisdiction, and that the plaintiff is entitled *223to recover if he could have recovered in Connecticut. Walsh v. New York New England Railroad, 160 Mass. 571. We further assume that the plaintiff was in the exercise of due care.
The accident occurred in the defendant’s freight yard at New…
2Cases cited19 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- McElligott v. RandolphSupreme Court of Connecticut · 1891
- Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Goodes v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
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3Cited by4 opinions
- Urquhart v. Smith & Anthony Co.Massachusetts Supreme Judicial Court · 1906
- Cross v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- Jones v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- Herlihy v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917