Hewett v. Swift
Massachusetts Supreme Judicial Court
Tort for an assault upon the plaintiff. The original defendants in the writ were John J. Swift and Henry Frothingham, Jr.; but after entry the writ was amended by joining the Fitchburg Railroad Company as a party defendant, under the statute.
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Tort for an assault upon the plaintiff. The original defendants in the writ were John J. Swift and Henry Frothingham, Jr.; but after entry the writ was amended by joining the Fitchburg Railroad Company as a party defendant, under the statute. At the trial in this court, before Dewey, J., the evidence showed that Frothingham was a servant of the company, and had charge of the freight in the freight depot at Charlestown, and the plaintiff, a boy of about fourteen years of age, was playing there and refused to leave when required to do so; and that, in pursuance of a regulation of the company,…
1Opinion of the CourtDewey, J.
Upon the main question in the present case, the liability of the Fitchburg Railroad Company, the point can hardly be considered an open one, after the decision of this court in the case of Moore v. Fitchburg Railroad, 4 Gray, 465. The instructions to the jury were framed with particular reference to the decision in that case, and were intended to adopt and sanction nothing beyond what was there settled. That case may, upon a careful scrutiny, be found to have gone somewhat further than the decisions by other tribunals in the cases cited in behalf of the defendants, in charging the principal…
2Cited by1 opinion
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