Welch v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under the employers’ liability act, St. 1887, c. 270, as amended by St. 1892, c. 260, to recover for the death of the plaintiff’s intestate, Richard Welch, and for conscious suffering consequent upon injuries received while in the employ of the defendant. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows.
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Tort, under the employers’ liability act, St. 1887, c. 270, as amended by St. 1892, c. 260, to recover for the death of the plaintiff’s intestate, Richard Welch, and for conscious suffering consequent upon injuries received while in the employ of the defendant. Trial in the Superior Court, before Lilley, J., who allowed a bill of exceptions, in substance as follows. There was evidence tending to show the following facts: On November 5, 1894, Welch, the plaintiff’s intestate, was in the defendant’s employ as a switchman, and was one of a gang of men engaged in shifting cars and making up…
1Opinion of the CourtKnowlton, J.
The principal questions in this case are, whether there was evidence of negligence on the part of the defendant or of any of its servants, and whether there was evidence of due care on the part of the plaintiff’s intestate.
We think it plain that the tower man, whose duty it was to move the switch, was a person in “ charge or control of . . . any switch” within the meaning of St. 1887, c. 270, § 1, cl. 3. Even if another person gave him directions or exercised supervision over him in such a way as to be in charge of the switch in a broad sense, so that the railroad company might be liable for…
2Cases cited3 opinions
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Daly v. New Jersey Steel & Iron Co.Massachusetts Supreme Judicial Court · 1891
- Houlihan v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1895
3Cited by14 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co v. CollinsIndiana Supreme Court · 1907
- Herrick's CaseMassachusetts Supreme Judicial Court · 1914
- Fierro's CaseMassachusetts Supreme Judicial Court · 1916
- Ferriter's CaseMassachusetts Supreme Judicial Court · 1929
- Morrissey v. Connecticut Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1919
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