Legal Opinion

Clare v. New York & New England Railroad

Massachusetts Supreme Judicial Court

Decided October 22, 1896PublishedCited by 10 opinions

Tort, for personal injuries occasioned to the plaintiff’s intestate, William Morrissey, while in the defendant’s employ, which injuries resulted in his death.

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Tort, for personal injuries occasioned to the plaintiff’s intestate, William Morrissey, while in the defendant’s employ, which injuries resulted in his death. The declaration, which was under the employers’ liability^ act, St. 1887, c. 270, alleged, among other things, that the injuries were received “ by reason of a defect of which said intestate was ignorant in the condition of said defendant’s ways, works, and machinery, to wit, in a certain hand-car, the property of the defendant, the gearing on said car connected with crank and axle being worn, broken, and defective, and the caps and…

1Opinion of the CourtHolmes, J.

The only eyewitness of the accident was a fellow workman, who was turning the crank of the hand-car on the left, while Morrissey was turning it on the right. Ac-' cording to his statement, he himself was pulling on the crank, and Morrissey was pushing, when Morrissey suddenly went out of the car over the crank, head first. The witness further stated that he did not know what caused the accident, that nothing happened to his side of the crank so far as he noticed, and that it turned all right, smooth, without any trouble. We assume that there was evidence that the box, when pulled on as it…

2Cases cited2 opinions

  1. Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
  2. Carey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893

3Cited by10 opinions

  1. Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
  2. Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
  3. Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
  4. Olsen v. New England Fuel & Transportation Co.Massachusetts Supreme Judicial Court · 1925
  5. Johnson v. BradyIndiana Court of Appeals · 1915

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