Clark v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff by being struck by a car, run and managed by the defendant over the track of the Eastern Railroad Company, at or near the place where said track crosses Saratoga Street at grade in Boston.
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Tort for personal injuries occasioned to the plaintiff by being struck by a car, run and managed by the defendant over the track of the Eastern Railroad Company, at or near the place where said track crosses Saratoga Street at grade in Boston. Trial in this court, before Morton, J., who allowed a bill of exceptions in substance as follows; The plaintiff was a flagman, employed and paid by the Eastern Railroad Company, upon an understanding between that company and the defendant that the former should provide such flagman, and his duty was to watch the track and give notice when any cars or…
1Opinion of the CourtEndicott, J.
The ruling of the presiding judge must be sustained. The plaintiff undertook to perform a duty, which he failed to perform, and, while thus neglecting his duty, he received the alleged injury.
As flagman, he was employed to give notice in the usual man ner, by standing on the crossing with his flag, when any cars or engines, whether of the Eastern Railroad Company or of the defendant, were about to cross the street. From the flag-house near the crossing he could see up the track seven hundred feet. *5On this occasion he saw the smoke of the engine when it first came in sight, and at once went to…
2Cited by4 opinions
- Doering v. Peoria & Pekin Union Railway Co.Appellate Court of Illinois · 1915
- Foss v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1898
- McDoel v. HeuermannAppellate Court of Illinois · 1908
- White v. East Side Mill Co.Oregon Supreme Court · 1917