Howard v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received, as described in the opinion, while the plaintiff was in the employ of the defendant in .interstate commerce. The declaration contained ten counts, upon only the sixth of which, a count based on the federal employers’ liability act, 35 U. S. Sts. at Large, 65, as amended by 36 U. S. Sts. at Large, 291,* the plaintiff relied at the trial.
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Tort for personal injuries received, as described in the opinion, while the plaintiff was in the employ of the defendant in .interstate commerce. The declaration contained ten counts, upon only the sixth of which, a count based on the federal employers’ liability act, 35 U. S. Sts. at Large, 65, as amended by 36 U. S. Sts. at Large, 291,* the plaintiff relied at the trial. Writ dated June 18, 1917. In the Superior Court the action was tried before Callahan, J. Material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered in its…
1Opinion of the CourtCarroll, J.
The plaintiff, a flagman on one of the defendant’s freight trains, about two o’clock on the morning of April 27, 1917, while in the performance of his duty of protecting the train, was injured by reason of its backing down upon him. The train left Bridgeport, Connecticut, and was on its way to Northampton in *373this Commonwealth. It stopped at Congamond station in order that cars might be switched on to a side track, and while the trainmen were engaged in this operation, the plaintiff, who was about five car lengths distant from the rear of the train, was injured. The action is under the federal…
2Cases cited9 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Powers v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Brusseau v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hietala v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1936
- Engel v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1936
- Gerry v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1924
- Hanley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1934
- Bengle v. CooneyMassachusetts Supreme Judicial Court · 1922
6 more not listed; retrieve them via the Exa API.