McNamara v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Four actions of tort to recover for personal injuries to and the death of the plaintiff’s intestate caused by the roof of a freight car blowing upon him as stated in the opinion.
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Four actions of tort to recover for personal injuries to and the death of the plaintiff’s intestate caused by the roof of a freight car blowing upon him as stated in the opinion. Writs dated June 28, 1907. The cases were tried together before Lawton, J. At the close of the plaintiff’s evidence, the defendant Central Vermont Railway Company rested in the two cases in which it was defendant, the presiding judge ordered verdicts in its favor; and the plaintiff alleged exceptions. At the close of all the evidence, the defendant Boston and Maine Railroad asked the presiding judge to rule in the…
1Opinion of the CourtSheldon, J.
In the first of these cases the plaintiff seeks to hold the defendant for the conscious suffering, and in the second for the death, of Michael McNamara, her intestate. His injuries and consequent death were caused by the fact that the roof of a freight car in a train of the defendant was blown from the car and fell upon him. It was not disputed that he was in the exercise of due care in the performance of his duties as a servant of the New Yolk Central Railroad Company. The car belonged to the Central Vermont Railway Company. It had been delivered by that company to the defendant at White…
2Cases cited49 opinions
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by49 opinions
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- Roscigno v. Colonial Beacon Oil Co.Massachusetts Supreme Judicial Court · 1936
- Barger v. ChelponSouth Dakota Supreme Court · 1932
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