Fairman v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort, in eight counts, under the employers’ liability act, St. 1887, c. 270, as amended by the St. of.1894, c. 499, for injuries sustained by the plaintiff while in the defendant’s employ. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtLathrop, J.
The bill of exceptions states some facts about which there appears to be no dispute, and then gives the testimony of various witnesses. There are exceptions to the admission of evidence, to the refusal to give several instructions requested, and to certain portions of the charge to the jury.
The accident occurred on February 9,1895. On the previous day there had been a heavy fall of snow, which some of the witnesses testified they thought wag the worst since the blizzard of 1888. At the time of the accident the wind was blowing a gale. The plaintiff was fireman on an extra locomotive engine,…
2Cases cited6 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Caron v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Burns v. WashburnMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Hagar v. NortonMassachusetts Supreme Judicial Court · 1905
- Evans v. O'ConnorMassachusetts Supreme Judicial Court · 1899
10 more not listed; retrieve them via the Exa API.