Miller v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries sustained by the plaintiff while in the defendant’s employ as a brakeman. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion. •
1Opinion of the CourtMorton, J.
The plaintiff was head-end brakeman, and was standing on the car next to the engine, waiting to pass to the engineer signals from the rear end of the train, when the link *364connecting with the engine the car on which he stood, broke, causing the air brake to set, and bringing the train to a stop with a jerk which threw the plaintiff off and caused the injury complained of.
There was evidence tending to show that the plaintiff was in-the exercise of due care and that the link' had become worn and brittle from use. There was nothing to show whether the link had been originally furnished by the…
2Cases cited8 opinions
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
- McGee v. Boston Cordage Co.Massachusetts Supreme Judicial Court · 1885
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
- McKinnon v. NorcrossMassachusetts Supreme Judicial Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
- Haskell v. Cape Ann Anchor WorksMassachusetts Supreme Judicial Court · 1901
- Modlagl v. Kaysing Iron & Foundry Co.Supreme Court of Missouri · 1913
5 more not listed; retrieve them via the Exa API.