Dacey v. Boston & Maine Railroad

This is an action of tort under the R. L. c. 106, § 71, cl. 3, for personal injuries sustained by the plaintiff while in the defendant’s employ. At the trial in the Superior Court, at the close of the plaintiff’s evidence, the judge refused to order a verdict for the defendant. The jury returned a verdict for the plaintiff; and the case is before us on the defendant’s exceptions.

The accident occurred on August 23, 1902, at two o’clock in the afternoon, in the defendant’s freight yard in Charlestown. The plaintiff had been in the employ of the defendant since 1873, and had been at work in the…