Legal Opinion

LaBonte v. The New York, New Haven & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided June 3, 1960PublishedCited by 1 opinion

1Opinion of the CourtSpalding, J.

In this action of tort under the Federal Employers’ Liability Act (FELA), 45 U. S. C. (1946) § 51 et seq., the plaintiff had a verdict. The questions for decision arise out of the defendant’s exception to the denial of its motion for a directed verdict.

We summarize the evidence as follows. On May 9, 1952, the plaintiff, a “maintenance man,” was operating a truck for the defendant at Saundersville on the Providence-Worcester line.1 His duties on that day included the loading of cross ties onto the truck with the help of two fellow employees. The plaintiff worked from the truck and the…

2Cases cited16 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  3. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  4. McLearn v. HillMassachusetts Supreme Judicial Court · 1931
  5. Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947

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3Cited by1 opinion

  1. LaBonte v. NEW YORK, NEW HAVEN & HARTFORD RAILROADMassachusetts Supreme Judicial Court · 1960

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