Hoxie v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action by an inhabitant of Connecticut, brought to the Superior Court in New London County, against the New York, New Haven and Hartford Railroad Company, described as a corporation organized under the laws of Connecticut, for an injury received by him while acting as a train-hand on its railroad at Auburn in Massachusetts.
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Action by an inhabitant of Connecticut, brought to the Superior Court in New London County, against the New York, New Haven and Hartford Railroad Company, described as a corporation organized under the laws of Connecticut, for an injury received by him while acting as a train-hand on its railroad at Auburn in Massachusetts. The complaint alleged an injury received while the plaintiff was coupling cars in a train running from Norwich, Connecticut, to Worcester, Massachusetts, and due to the negligence of a fellow-servant in control of another train of the defendant, running between Hartford,…
1Opinion of the CourtBaldwin, C. J.
The plaintiff bases his action solely on the Act of Congress of April 22d, 1908. His injury, having been due to the negligence of a fellow-servant, could throw no liability on the defendant, had it occurred in this State, and were the question of liability to be determined by the common law of Connecticut. It did occur in Massachusetts, and he does not allege what the law of Massachusetts in respect to that question is. It is therefore to be presumed to be the same as that of this State. Lockwood v. Crawford, 18 Conn. 361, 370.
If the plaintiff has a right of action it must be based on the law…
2Cases cited22 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- The Employers'liability CasesSupreme Court of the United States · 1908
- Adair v. United StatesSupreme Court of the United States · 1908
- Kansas v. ColoradoSupreme Court of the United States · 1907
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3Cited by42 opinions
- BNSF Ry. Co. v. TyrrellSupreme Court of the United States · 2017
- Turner v. ScanlonSupreme Court of Connecticut · 1959
- McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- City of Stamford v. Town of StamfordSupreme Court of Connecticut · 1928
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