Legal Opinion

Shea v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided May 20, 1891PublishedCited by 16 opinions

Tort, under the St. of 1887, c. 270, § 2, for causing the death of Dennis Shea on November 8, 1887. Writ dated January 23, 1888. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court. The report recited the following facts.

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Tort, under the St. of 1887, c. 270, § 2, for causing the death of Dennis Shea on November 8, 1887. Writ dated January 23, 1888. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court. The report recited the following facts. The deceased at the time of his death was in the employ of the defendant, and had been for thirty years, as a draw-man or switch tender at a drawbridge upon the defendant’s railroad, situated about six hundred feet from its Charlestown station in Boston. At this point the defendant’s railroad ran north and south. A…

1Opinion of the CourtC. Allen, J.

This action was brought under the employers’ liability act, (St. 1887, c. 270,) and by virtue of the first section it was necessary for the plaintiff to prove that the deceased himself was in the exercise of due care and diligence at the time he was killed. But the evidence introduced was at least as consistent with carelessness on his part as with his exercise of due care; indeed, it would seem to be more so. Trains and engines were very frequent. There was no legal duty to sound the whistle or ring the bell at this point. The employment of the deceased was such as necessarily required him…

2Cases cited4 opinions

  1. Griffin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1889
  2. Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
  3. Terry v. BrightmanMassachusetts Supreme Judicial Court · 1880
  4. Crafts v. City of BostonMassachusetts Supreme Judicial Court · 1872

3Cited by16 opinions

  1. Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
  2. Morris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
  3. Tyndale v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
  4. Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
  5. Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893

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