Peaslee v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, under the Puh. Sts. e. 112, § 212, as amended by the St. of 1883, c. 243, by the administrator of the estate of George L. Thompson, for causing the death of his intestate, on August 27, 1887, while the latter was in the defendant’s employ. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows. There was evidence tending to prove the following facts.
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Tort, under the Puh. Sts. e. 112, § 212, as amended by the St. of 1883, c. 243, by the administrator of the estate of George L. Thompson, for causing the death of his intestate, on August 27, 1887, while the latter was in the defendant’s employ. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, which, so far as material to the points decided, was as follows. There was evidence tending to prove the following facts. Thompson was at the time of his death in the employment of the defendant corporation as a fireman on a locomotive engine. Between two and three…
1Opinion of the CourtW. Allen, J.
The plaintiff contends that the death of his intestate was caused by-the negligence of his fellow servant, Taylor, an engineer in charge of a locomotive engine; and that there was evidence that Taylor was an incompetent person for the service in which he was engaged, and that the defendant was negligent in employing him in that service, and also that there was evidence that the defendant was negligent in not *158providing proper rules and instructions for the government of Taylor’s conduct in the performance of the duty in which he was engaged.
Taylor’s immediate duty, in reference to which his…
2Cases cited1 opinion
- Keith v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1885
3Cited by9 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Olsen v. AndrewsMassachusetts Supreme Judicial Court · 1897
- Wilkinson v. Kanawha & Hocking Coal & Coke Co.West Virginia Supreme Court · 1908
- Connors v. GrilleyMassachusetts Supreme Judicial Court · 1892
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