Legal Opinion
Lothrop v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Decided January 2, 1890PublishedCited by 24 opinions
1Opinion of the CourtField, J.
This is an action brought against a railroad company under the St. of 1887, c. 270, § 2, by the next of kin of a brakeman who was employed by the defendant, and was instantly killed while engaged in shackling two cars loaded with lumber upon its railroad, to recover damages for causing his death.
The first question is, whether there was evidence for the jury *424that the brakeman was “ in the exercise of due care and diligence at the time,” within the meaning of § 1 of that statute. The plaintiff offered to prove the following facts. The deceased was about twenty-two years old, and had been…
2Cases cited15 opinions
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Ciriack v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1888
- Haley v. CaseMassachusetts Supreme Judicial Court · 1886
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Moulton v. GageMassachusetts Supreme Judicial Court · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
- Simpson v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
19 more not listed; retrieve them via the Exa API.