Feneff v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff in the collision of two engines, upon one of which he was riding,.in the yards of the New'York, New Haven, and Hartford Railroad Company in Worcester.
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Tort for personal injuries received by the plaintiff in the collision of two engines, upon one of which he was riding,.in the yards of the New'York, New Haven, and Hartford Railroad Company in Worcester. Writ in the Superior Court for the county of Worcester dated June 13,1906. It appeared that, at the point in the yards where the collision occurred, there were five tracks, three of which were controlled by the defendant, New York Central and Hudson River Railroad Company, and two by the New York, New Haven, and Hartford Railroad Company, which was not a party to this action. Across these…
1Opinion of the CourtBraley, J.
The defendants insist that, at the time of the accident, the plaintiff was either a mere licensee to whom they owed no duty except to refrain from wanton or wilful injury to his person, or was guilty of contributory negligence. This defence is untenable.
It was undisputed that, as a yard brakeman in the employment of the New York, New Haven, and Hartford Railroad Company, having completed his work for the day, he was injured while *577riding within the yard limits on one of its passenger locomotives which he had boarded for the purpose of going to the union station on his way home. The rules of…
2Cases cited32 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
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3Cited by72 opinions
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- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Brenda Payton v. Abbott Labs, Eli Lilly and CompanyCourt of Appeals for the First Circuit · 1985
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
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