Quirk v. Holt
Massachusetts Supreme Judicial Court
Tort for injuries sustained by being knocked down and run over by a wagon driven by the defendant. At the trial in the superior court, before Putnam, J., the plaintiff introduced evidence of these facts: On February 11,1867, the plaintiff was at work, with thirty-five or forty other laborers, in the employment of the Metropolitan Horse Railroad Company, clearing ice from the double track of their railroad in the middle of Causeway Street, a pubic way in Boston, at a place in…
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Tort for injuries sustained by being knocked down and run over by a wagon driven by the defendant. At the trial in the superior court, before Putnam, J., the plaintiff introduced evidence of these facts: On February 11,1867, the plaintiff was at work, with thirty-five or forty other laborers, in the employment of the Metropolitan Horse Railroad Company, clearing ice from the double track of their railroad in the middle of Causeway Street, a pubic way in Boston, at a place in front of the passenger-station 3f the Eastern Railroad Company, where the street was forty-two feet wide. The ice on…
1Opinion of the CourtChapman, C. J.
The court ruled that upon the plaintiff’s evidence he had not shown that he was in the exercise of due care. The substance of such a ruling is, that the evidence is not sufficient in law to authorize the jury to find the fact.
The report shows that the plaintiff was a servant of the Metropolitan Horse Railroad Company, which was authorized to make and maintain tracks in Causeway Street in Boston. St. 1853, c. 353. Laws & Ordinances of Boston, (ed. 1863) 572. He was engaged in clearing ice from the rails and track, with thirty-five or forty other laborers, and the ice on the track and on the…
2Cited by12 opinions
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- Burger v. Taxicab Motor Co.Washington Supreme Court · 1912
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. LongIndiana Supreme Court · 1887
- Pennsylvania Co. v. O'ShaughnessyIndiana Supreme Court · 1890
- Goodfellow v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
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