Tumalty v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under the Pub. Sts. c. 112, § 212, by the administrator of the estate of James H. Tumalty to recover for the death of the plaintiff’s intestate, who was killed on the tracks of the defendant’s railroad on November 21, 1895. Trial in the Superior Court, before Hopkins, J., who, at the close of the plaintiff’s evidence, ruled that the action could not be maintained; and directed a verdict for the defendant. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiff’s intestate, at the time of the accident, and for four or five weeks before, was in the employ of the Union Switch and Signal Company, of Pittsburg, Pennsylvania, and with his fellow workmen was engaged in making .changes in the switches and the apparatus connecting them with a signal tower. This tower was on the main line of the Providence Division of the defendant’s road. The switch at which they were working at the time of the accident was in a track leading from the main lines to a round-house, a coal-dump, and ash-dumps, all of which were in a yard. Trains of cars were…
2Cases cited3 opinions
- Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Galvin v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
- Sullivan v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by5 opinions
- Quinn v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Dolphin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Vecchioni v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1906
- Porter v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- Allen v. New York, N. H. & H. R. Co.Court of Appeals for the First Circuit · 1909