Cruzan v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort under the federal employers’ liability act to recover for the death of the plaintiff’s intestate, Leon L. Cruzan, the declaration containing two counts, the first count alleging as the cause of the death “negligence in whole or in part of one of the officers, agents or employees of the defendant,” while the second count alleged as such cause “a defect or insufficiency due to the negligence of the defendant in its cars, engines, appliances, machinery, track, roadbed or…
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Tort under the federal employers’ liability act to recover for the death of the plaintiff’s intestate, Leon L. Cruzan, the declaration containing two counts, the first count alleging as the cause of the death “negligence in whole or in part of one of the officers, agents or employees of the defendant,” while the second count alleged as such cause “a defect or insufficiency due to the negligence of the defendant in its cars, engines, appliances, machinery, track, roadbed or other equipment.” Writ dated May 14, 1915. In the Superior Court the action was tried before Chase, J. The material…
1Opinion of the CourtRugg, C. J.
This is an action of tort under the federal employers’ liability act to recover damages for the death of Leon L. Cruzan for the benefit of his widow and two minor children. The circumstances of his injury were these: He was acting as “head-end” brakeman on a freight train about twelve hundred feet long on the main eastbound or southerly of the two main tracks of the defendant, which had been ordered to back upon a siding southerly of the track it was on at Brookfield, in order to let a faster following train pass it. The conductor at the rear of the train set the switch so that the freight…
2Cases cited13 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Southern Railway Co. v. GraySupreme Court of the United States · 1916
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Erie Railroad v. PuruckerSupreme Court of the United States · 1917
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3Cited by25 opinions
- Holton v. ShepardMassachusetts Supreme Judicial Court · 1935
- Boice-Perrine Co. v. KelleyMassachusetts Supreme Judicial Court · 1923
- Eckenrode v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- Martell v. DoreyMassachusetts Supreme Judicial Court · 1920
- Dworkis v. DworkisDistrict Court of Appeal of Florida · 1959
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