Clifford v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff while in the employ of the defendant corporation, as a section hand.
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Tort for personal injuries received by the plaintiff while in the employ of the defendant corporation, as a section hand. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The plaintiff was injured on the morning of October 29, 1884, while working on a hand-car belonging to the defendant corporation, by a collision occurring between the handcar and an engine operated and managed by the defendant’s servants and agents. The hand-car, under the direction of a section boss, and containing the section boss, the plaintiff,…
1Opinion of the CourtMortor, C. J.
The presiding justice of the Superior Court, who tried this case without a jury, has found, as matter of fact, that there was no negligence on the part of the corporation which caused the injury to the plaintiff. The bill of exceptions does not show any error of law involved in this finding, and we cannot revise it, especially as all the evidence is not reported. He also found that the accident was caused “ by the negligence of the section boss and the engineer of the wild train.” This was negligence of fellow servants of the plaintiff, and it is the settled law of this Commonwealth, that he…
2Cases cited1 opinion
- Hodgkins v. Eastern RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by18 opinions
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- New England Railroad v. ConroySupreme Court of the United States · 1899
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
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