Buchanan v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Malcolm W. Buchanan, for causing the death and conscious suffering of the plaintiff’s intestate in a collision of trains on November 28, 1908, when he was employed as a rear end brakeman on a passenger train of the defendant, the declaration containing three counts, the first two counts under R. L. c. 106, § 72, and acts in amendment thereof, alleging that the injuries of the intestate resulting in his death were caused by the…
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Tort, by the administratrix of the estate of Malcolm W. Buchanan, for causing the death and conscious suffering of the plaintiff’s intestate in a collision of trains on November 28, 1908, when he was employed as a rear end brakeman on a passenger train of the defendant, the declaration containing three counts, the first two counts under R. L. c. 106, § 72, and acts in amendment thereof, alleging that the injuries of the intestate resulting in his death were caused by the negligence of a person in the employ of the defendant who was in charge or control of a signal, switch, locomotive engine…
1Opinion of the CourtSheldon, J.
When the train on which the plaintiff’s intestate was the rear end brakeman or flagman stopped at the South Boston station, it was five or six minutes late. Another train was due to leave the Boston station four minutes after the intestate’s train, coming upon the same track. Under the defendant’s rules which were in evidence, applicable to this state of facts, it became the duty of the intestate, as soon as his train had stopped, to go back at once with fuses and torpedoes as danger signals, and take measures to stop the following train in season to avoid a collision.' There is evidence that…
2Cases cited8 opinions
- Lake Shore & Michigan Southern Railway Co. v. ParkerIllinois Supreme Court · 1890
- Strong v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
- Wescott v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Northern Pacific Railroad v. PoirierSupreme Court of the United States · 1897
- Brady v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kerrigan v. Commercial Brewing Co.Massachusetts Supreme Judicial Court · 1914
- Cummings v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916