Legal Opinion

Santore v. New York Central & Hudson River Railroad

Massachusetts Supreme Judicial Court

Decided October 21, 1909PublishedCited by 13 opinions

Tort for personal injuries received by the plaintiff, while in the employ of the defendant as a shoveller in an ashpit in its roundhouse, by being run upon by an engine backing into the roundhouse. Writ in the Superior Court dated February 8, 1908. The case was tried before Bishop, J. The facts are stated in the opinion. At the close of the evidence for the plaintiff, the presiding judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtHammond, J.

While at work as a common laborer, shovel-ling ashes from an ashpit situated between the rails of the track in stall number four of the defendant’s roundhouse, the plaintiff was struck by an engine and injured. The roundhouse was divided into three sections of four stalls each, the sections being separated by brick walls; but there were no walls between the stalls of a section. Upon one side of stall number four was the sectional wall between the first and second sections. In each stall was an ashpit. The pit in which the plaintiff was at work was about three and one half feet deep; the width…

2Cases cited22 opinions

  1. Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
  2. Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
  4. Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
  5. Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892

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

3Cited by13 opinions

  1. Gregory v. Maine Central RailroadMassachusetts Supreme Judicial Court · 1945
  2. Engel v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1936
  3. Morris v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1929
  4. LaFond v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
  5. Morrissey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913

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

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