O'Brien v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by-being struck by a hand-car on the defendant’s railroad near its station at Cottage Farm.
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Tort for personal injuries occasioned to the plaintiff by-being struck by a hand-car on the defendant’s railroad near its station at Cottage Farm. Trial in the Superior Court, before Brigham, C. J., who reported the case for the determination of this court, in substance as follows : The evidence tended to show that the plaintiff was in the employ of the defendant on May 6, 1881, and had been for some months, as a laborer engaged in the repair of the track; that, on that day, he was one of a gang of such laborers, working under the direction of a foreman, the day’s work usually ending at six…
1Opinion of the CourtW. Allen, J.
The ruling that the plaintiff was, at the time he was injured, in the service of the defendant, was correct. He was not only taking the cars of the defendant to be carried by it from the place where he had been working to Boston that he might be paid his wages, but he was acting under express orders of the defendant during working hours. The relation between the parties was not changed when he received and obeyed the order to quit work upon the track and take the train for Boston, and the plaintiff continued under present obligation to the defendant to do what it should require of him within…
2Cases cited2 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Shelton v. GillOhio Supreme Court · 1842
3Cited by15 opinions
- Donovan's CaseMassachusetts Supreme Judicial Court · 1914
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Missouri, Kansas & Texas Railway Co. v. HendricksCourt of Appeals of Texas · 1908
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
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