Gleason v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration was in two counts, the first being under St. 1887, c. 270. At the trial in the Superior Court, before Fessenden, J., it appeared that the plaintiff, having caught his foot in a hole in the planking or timbering erected over Fort Point Channel in the defendant’s passenger yard, was struck by a locomotive engine of the defendant.
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Tort, for personal injuries occasioned to the plaintiff while in the defendant’s employ. The declaration was in two counts, the first being under St. 1887, c. 270. At the trial in the Superior Court, before Fessenden, J., it appeared that the plaintiff, having caught his foot in a hole in the planking or timbering erected over Fort Point Channel in the defendant’s passenger yard, was struck by a locomotive engine of the defendant. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtAllen, J.
The defendant’s passenger yard extended over Fort Point Channel, being planked or timbered, and the planks or timbers were generally an inch or two apart, but at the place of the plaintiff’s accident the evidence tended to show that the open space was about three and one half inches wide, extending *69between the rails of a track. The yard was about five hundred feet long and forty feet wide, with a space for walking. The plaintiff had been employed in this yard for about six weeks as a switchman, his duties had constantly taken him to all the switches in the yard, and he had been in the habit…
2Cases cited4 opinions
- O'Maley v. South Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1893
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Wood v. LockeMassachusetts Supreme Judicial Court · 1888
- Hannah v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by11 opinions
- American Rolling Mill Co. v. HullingerIndiana Supreme Court · 1903
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
- Fluhrer v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1899
- Peirce v. OliverIndiana Court of Appeals · 1897
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