Welch v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion and exceptions. This was an action on the case brought by Thomas Welch, and after liis death prosecuted by bis administrator, to recover damages for injuries received by said Welch, through the negligence of the defendant in using and improperly loading a defective dump car, which said Welch, at the request and by permission of the defendant, it was alleged, attempted to dump, and was injured while so doing.
Read the full summary
On motion and exceptions. This was an action on the case brought by Thomas Welch, and after liis death prosecuted by bis administrator, to recover damages for injuries received by said Welch, through the negligence of the defendant in using and improperly loading a defective dump car, which said Welch, at the request and by permission of the defendant, it was alleged, attempted to dump, and was injured while so doing. The case was tried before a jury at the April term of this court, in Cumberland county, 1890, at which a verdict for $8000 was rendered for the plaintiff'. The plaintiff’s…
1Opinion of the CourtWalton, J.
It appears that the Maine Central Railroad Company, while engaged in transporting earth for its own use, undertook to deliver some earth for the use of Mr. H. N. Jose. And the evidence tends to show that the crew in charge of the gravel train requested the men employed by Mr. Jose to assist in dumping the earth out of the cars, and that while so engaged *564a broken car, unevenly loaded, tipped over and fell upon one of Mr. Jose’s men (Thomas Welch) and inflicted injuries of which he afterwards died. Nor these injuries the administrator of Welch has recovered a verdict against the railroad…
2Cases cited1 opinion
- Eason v. S. & E. T. R'y Co.Texas Supreme Court · 1886
3Cited by24 opinions
- Kelly v. TyraSupreme Court of Minnesota · 1908
- Moss v. Chronicle Publishing Co.California Supreme Court · 1927
- Hartquist v. Tamiami Trail Tours, Inc.Supreme Court of Florida · 1939
- Valparaiso Lighting Co. v. TylerIndiana Supreme Court · 1911
- Lucas v. KelleySupreme Court of Vermont · 1929
19 more not listed; retrieve them via the Exa API.