Legal Opinion

McGrath v. American Express Co.

Massachusetts Supreme Judicial Court

Decided November 24, 1914PublishedCited by 11 opinions

Tort against the American Express Company, a corporation, for personal injuries sustained by the plaintiff late in the afternoon of December 19, 1910, by reason of stumbling and falling over a pile of galvanized iron pipes or gutters on the platform of the passenger station of the Boston and Maine Railroad at Salem alleged to have been left there negligently by the defendant’s agents and servants for an unreasonable length of time and unguarded.

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Tort against the American Express Company, a corporation, for personal injuries sustained by the plaintiff late in the afternoon of December 19, 1910, by reason of stumbling and falling over a pile of galvanized iron pipes or gutters on the platform of the passenger station of the Boston and Maine Railroad at Salem alleged to have been left there negligently by the defendant’s agents and servants for an unreasonable length of time and unguarded. Writ dated March 17, 1911. In the Superior Court the case was tried before Hardy, J. At the close of the plaintiff’s evidence, which is described in…

1Opinion of the CourtCrosby, J.

The plaintiff alighted from a train of the Boston and Maine Railroad at its station in Salem, and while passing out of the station stumbled and fell over a pile of galvanized iron pipes or gutters, which were lying upon the station platform, and received the injuries for which he brings this action.

He testified that he rode in the smoking car of the train and reached Salem at ten minutes after five o’clock in the afternoon; that he left the car by the rear steps and walked along beside the train toward the forward end of it, and fell over the pile of pipes when on his way out of the station;…

2Cases cited7 opinions

  1. Kearines v. CullenMassachusetts Supreme Judicial Court · 1903
  2. Melvin v. Pennsylvania Steel Co.Massachusetts Supreme Judicial Court · 1902
  3. Murphy v. Armstrong Transfer Co.Massachusetts Supreme Judicial Court · 1896
  4. Toland v. Paine Furniture Co.Massachusetts Supreme Judicial Court · 1901
  5. Gargan v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
  2. Curtin v. BenjaminMassachusetts Supreme Judicial Court · 1940
  3. McCarthy v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1935
  4. Esau v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1947
  5. Levesque v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1927

6 more not listed; retrieve them via the Exa API.

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