Flansberg v. Heywood Bros. & Wakefield Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries as stated in the opinion. Writ dated June 4, 1901. At the trial in the Superior Court before Hitchcock, J. the defendant asked the judge to rule: “1. Upon all the evidence in this case the plaintiff is not entitled to recover against the defendant. 2. The danger from the usual crowded condition of a freight yard from its being inadequate for the business there transacted is a risk which a freight brakeman working there assumes.
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Tort for personal injuries as stated in the opinion. Writ dated June 4, 1901. At the trial in the Superior Court before Hitchcock, J. the defendant asked the judge to rule: “1. Upon all the evidence in this case the plaintiff is not entitled to recover against the defendant. 2. The danger from the usual crowded condition of a freight yard from its being inadequate for the business there transacted is a risk which a freight brakeman working there assumes. Upon the evidence in this case the plaintiff is not entitled to recover.” The judge refused to rule as requested, and submitted the case to…
1Opinion of the CourtKnowlton, C. J.
The plaintiff, a brakeman employed by *126the Boston and Maine Railroad, was injured by being crushed between the side of a moving car and a pile of rattan, placed by the defendant company near the track on which the car was moving. A branch track extended from the main track of the railroad company into the yard of the defendant. In the yard the track branched in various directions, along the sides of buildings used as storehouses, leaving open spaces at various points in the yard. The grounds of the defendant covered several acres surrounded by a high fence, and were in part covered with…
2Cited by6 opinions
- Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
- Flansberg v. Heywood Bros.Massachusetts Supreme Judicial Court · 1908
- Cannon v. DillehayAlabama Court of Appeals · 1919
- DiIorio v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1912
- Young v. American Express Co.Supreme Court of New Hampshire · 1913
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