Donahue v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, with counts both at common law and under the employers’ liability act, by a freight brake man of the defendant working as a switchman, to recover for injuries caused by his losing his hold and falling by reason of a pile of stones lying near the track of the defendant, when the plaintiff was attempting to get upon a moving engine in the course of his duty.
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Tort, with counts both at common law and under the employers’ liability act, by a freight brake man of the defendant working as a switchman, to recover for injuries caused by his losing his hold and falling by reason of a pile of stones lying near the track of the defendant, when the plaintiff was attempting to get upon a moving engine in the course of his duty. Writ dated July 15,1898. At the trial in the Superior Court, before Blodgett, J., there was evidence that the plaintiff was twenty-eight years of age; that he worked for the defendant company as freight brake man during the years…
1Opinion of the CourtMorton, J.
This is an action to recover for personal injuries sustained by the plaintiff while in the defendant’s employ in attempting in the course of his duty to get on a moving engine. The accident was caused, or might have been found to be caused, by a pile of rocks which, it was alleged, was in dangerous proximity to the track and which caused the plaintiff to lose his hold and to fall and receive the injuries complained of. The declaration contained three counts. At the close of all of the evidence the third count was withdrawn by the plaintiff at the suggestion of the court. The first count was…
2Cases cited4 opinions
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Goldthwait v. Haverhill & Groveland Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Thain v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894
- Babcock v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by8 opinions
- Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- Boylen v. Berkey & Gay Furniture Co.Michigan Supreme Court · 1932
- McLeod v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Hanson v. Columbia & Puget Sound RailroadWashington Supreme Court · 1913
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