Perry v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by being scalded with steam and hot water from a locomotive engine.
Read the full summary
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, by being scalded with steam and hot water from a locomotive engine. The declaration, which was under the employers’ liability act, St. 1887, c. 270, contained three counts, the first and third alleging that the injury was caused by the negligence of a person intrusted with and exercising superintendence, and whose sole or principal duty was that of superintendence; and the second alleging that the injury was caused by the negligence of a person having charge or control of a locomotive engine upon the…
1Opinion of the CourtMorton, J.
This is an action for personal injuries, brought under St. 1887, c. 270. There are three counts in the declaration. The first and third counts allege negligence on the part of a person intrusted with and exercising superintendence, who it appeared was one Noyes, the foreman in charge of the roundhouse. The second count alleges negligence on the part of a person who had charge or control of a locomotive engine upon a railroad, who it appeared was one Straw, the engineer of the engine under which the accident happened.
The evidence all comes from the plaintiff and his witnesses. It is nowhere…
2Cases cited1 opinion
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by5 opinions
- Hofnauer v. R. H. White Co.Massachusetts Supreme Judicial Court · 1904
- Jarvis v. HitchIndiana Supreme Court · 1903
- Fairman v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
- Slaats v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- Nihill v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1896