Judkins v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion by the defendant to set aside the verdict, which was for plaintiff in the sum of §2733.33. From superior court. The opinion states the case. As to the requested instruction that car inspectors and brakemen are fellow servants. The rule given follows Shanny v. Androscoggin Mills, 66 Maine, 426. In the following cases it has been held that car inspectors and brakemen are not fellow servants. Macy v. St. Paul & Dakota By. Oo. (Minn.) 28 N. W. Rep. 249; Miss. Pac. By.
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On motion by the defendant to set aside the verdict, which was for plaintiff in the sum of §2733.33. From superior court. The opinion states the case. As to the requested instruction that car inspectors and brakemen are fellow servants. The rule given follows Shanny v. Androscoggin Mills, 66 Maine, 426. In the following cases it has been held that car inspectors and brakemen are not fellow servants. Macy v. St. Paul & Dakota By. Oo. (Minn.) 28 N. W. Rep. 249; Miss. Pac. By. Oo. y. Dwyer, (Kansas) 12 Pac. Rep. 352; Busby v. H. Y. L. E. & West. B. Oo. 37 Hun. 104; Fay v. Minn. & St. Louis By.…
1Opinion of the CourtPtrrERS, C. J.
The plaintiff sues to recover damages for a personal injury which he alleges was caused by the defendants’ negligence. The following facts, after verdict for the plaintiff, may be considered as established: On the evening of November 3, 1885, a freight, train ran into the station at Waterville, containing a flat or platform car belonging to a foreign company, (Boston and Maiue) loaded with coal which it had received at Gardiner to transport to Skowhegan. The next morning the flat car, with a box car attached to it, was left standing on a sidetrack at the station. The plaintiff, who was an…
2Cases cited1 opinion
- Belair v. C. & N. W. R.Supreme Court of Iowa · 1876
3Cited by8 opinions
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Kansas City, Memphis & Birmingham Railroad v. WillifordTennessee Supreme Court · 1905
- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
- In re Lee Transit Corp.Court of Appeals for the Second Circuit · 1930
- Marshall v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
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