Murphy v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by a freight handler against the railroad company employing him, for injuries received in falling with a heavy load between two freight cars standing side by side on parallel tracks, when working as one of a gang of five in transferring freight from one car to the other, by reason of a wooden brow forming a bridge between the two cars slipping off at one end, while the plaintiff was upon it pulling after him a truck loaded with a barrel of wire weighing about eight…
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Tort, by a freight handler against the railroad company employing him, for injuries received in falling with a heavy load between two freight cars standing side by side on parallel tracks, when working as one of a gang of five in transferring freight from one car to the other, by reason of a wooden brow forming a bridge between the two cars slipping off at one end, while the plaintiff was upon it pulling after him a truck loaded with a barrel of wire weighing about eight hundred pounds, with a first count at common law alleging that the defendant put the plaintiff to work in an unsafe and…
1Opinion of the CourtBraley, J.
The plaintiff finally relies on the third count of the declaration to sustain his cause of action, and the questions presented are whether there was any evidence of the defendant’s negligence, or of the plaintiff’s due care, which should have been submitted to the jury.
It appeared that Mulvaney was the section foreman of the defendant, having charge of a gang of five men including the plaintiff, whose duty it was under his instructions to unload, or transfer, freight from one car to another, while he selected the cars that were to be unloaded and checked the freight as it was transferred.
This…
2Cases cited11 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Hennessy v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Knight v. Overman Wheel Co.Massachusetts Supreme Judicial Court · 1899
- O'Brien v. LookMassachusetts Supreme Judicial Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Bowie v. Coffin Valve Co.Massachusetts Supreme Judicial Court · 1909
- Reardon v. ByrneMassachusetts Supreme Judicial Court · 1907
- Baldwin v. American Writing Paper Co.Massachusetts Supreme Judicial Court · 1907
10 more not listed; retrieve them via the Exa API.