Parmelee v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Henry Parmelee, a freight brakeman, to recover for his conscious suffering and death on June 8, 1907, when employed in the freight yard of the defendant at Cambridge. Writ dated January 17, 1908. In the Superior Court the case was tried before Morton, J. The facts which could have been found upon the evidence are stated in the opinion.
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Tort by the administratrix of the estate of Henry Parmelee, a freight brakeman, to recover for his conscious suffering and death on June 8, 1907, when employed in the freight yard of the defendant at Cambridge. Writ dated January 17, 1908. In the Superior Court the case was tried before Morton, J. The facts which could have been found upon the evidence are stated in the opinion. At the close of the evidence the judge ordered a verdict for the defendant, and by agreement of the parties reported the case for determination by this court, with the stipulation that, if upon the evidence the jury…
1Opinion of the CourtRugg, C. J.
This is an action to recover for the death of the plaintiff’s intestate while in the employ of the defendant as a freight brakeman. Just before the accident, which occurred on the afternoon of a June day, he and a fellow brakeman named Daly were charged with the duty of uncoupling two box freight cars from a switching engine and placing them on different tracks in the Cambridge freight yard. This involved also one brakeman getting on each car when it was switched, and setting the brake at the proper time. One of the cars was switched without incident. A flying switch was to be made of the…
2Cases cited2 opinions
- Dacey v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Mackenzie v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
3Cited by2 opinions
- Vaughan v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1929
- Pierce v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913