Ryan v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the employ of the defendant as a brabeman. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for personal injuries occasioned to the plaintiff while in the employ of the defendant as a brabeman. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The evidence showed, and it was admitted, that on March 10, 1893, the plaintiff was in the employ of the defendant on that portion of the defendant’s railroad known as the Danbury and Norwalk Division in the capacity of head brakeman on the “ night freight,” so called, which ran from Danbury to Wilson’s Point, beyond South Norwalk in the State of Connecticut; that on that day the…
1Opinion of the CourtHolmes, J.
The fence which the plaintiff struck was a permanent visible structure, and under our decisions did not constitute one of those unusual dangers to which an employee who has not taken the risk of them with actual knowledge of their existence has a right to assume that he will not be exposed by entering an employment. It was not near enough to the track for that. It was three feet and nine and one half inches from the nearest rail. In Lovejoy v. Boston & Lowell Railroad, 125 Mass. 79, the obstruction was a little nearer the track, and the plaintiff had no actual knowledge of it. If opportunity…
2Cases cited2 opinions
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Bell v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by12 opinions
- Wagner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hall v. Wakefield & Stoneham Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Cross v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
- McLeod v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Phelps v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
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