Legal Opinion

Corbett v. New York Central & Hudson River Railroad

Massachusetts Supreme Judicial Court

Decided September 11, 1913PublishedCited by 10 opinions

Tort by a teamster, who had been sent by his employers to unload wool from a sealed car in a freight yard of the defendant, for injuries sustained on August 22, 1910, when the plaintiff was attempting to open a door of the car as stated in the opinion. Writ dated November 7, 1910. In the Superior Court the case was tried before Dubuque, J. The evidence is described in the opinion.

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Tort by a teamster, who had been sent by his employers to unload wool from a sealed car in a freight yard of the defendant, for injuries sustained on August 22, 1910, when the plaintiff was attempting to open a door of the car as stated in the opinion. Writ dated November 7, 1910. In the Superior Court the case was tried before Dubuque, J. The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to make the following rulings: “1. Upon the whole evidence the plaintiff is not entitled to recover. “2. The evidence is not sufficient to warrant a…

1Opinion of the CourtMorton, J.

This is an action of tort to recover for injuries caused by the falling of a car door upon the plaintiff as he was attempting to open it. The case is here on the defendant’s exceptions.

The car was a Chicago and Great Western Railroad Company car, and was loaded with wool which the plaintiff was sent by his employers, a firm of teamsters, to unload and deliver “where it was going.” It was in the defendant’s yard at East Boston known as the Porter Street yard, and stood upon a delivery track so called. There was evidence tending to show that a clerk in the defendant’s employ acting, as could be…

2Cited by10 opinions

  1. Jackson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Iowa · 1947
  2. Yandell v. National Fireproofing Corp.Supreme Court of North Carolina · 1953
  3. Edwards v. Southern Ry. Co.Supreme Court of Alabama · 1936
  4. Erie R. Co. v. MurphyCourt of Appeals for the Sixth Circuit · 1940
  5. Folsom v. LowdenSupreme Court of Kansas · 1943

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