Harrington v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff on March 18,1908, when he was a trespasser on a freight train of the defendant, alleged to have been caused by the wanton or reckless action of a freight brakeman of the defendant in throwing or pushing the plaintiff from the train when it was moving at a high rate of speed.
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Tort for personal injuries sustained by the plaintiff on March 18,1908, when he was a trespasser on a freight train of the defendant, alleged to have been caused by the wanton or reckless action of a freight brakeman of the defendant in throwing or pushing the plaintiff from the train when it was moving at a high rate of speed. Writ dated March 19, 1909. In the Superior Court the case was tried before Raymond, J., who refused to order a verdict for the defendant or to rule that on all the evidence the plaintiff could not recover. The defendant then asked the court to rule that the evidence…
1Opinion of the CourtHammond, J.
At the close of the evidence the trial judge refused to rule, as requested by the defendant, that the evidence was “ not sufficient to warrant the jury in finding that it was within the scope of the freight brakeman’s authority to eject the plaintiff from the train;” and the sole question here presented is whether this refusal was error.
The train was a regular freight train. There were upon it the engineer and the fireman, whose stations were upon the engine, the conductor, who was in charge of the train, and two brakemen, called respectively the head brakeman and the rear brakeman. There was…
2Cases cited15 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. MilhoanSupreme Court of Kansas · 1887
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
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3Cited by7 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Stone v. Commonwealth Coal Co.Massachusetts Supreme Judicial Court · 1927
- Seaboyer v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
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