Foster v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by a delivery clerk in the freight house of the defendant at Leominster, for injuries caused by bis stepping into a hole in the floor of an empty freight car used as a passageway in unloading freight from another car and transporting it to the platform of the freight house, with a count under the employers’ liability act alleging a defect in the ways, works or machinery of the defendant, and a count at common law alleging a failure to furnish the plaintiff with safe…
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Tort, by a delivery clerk in the freight house of the defendant at Leominster, for injuries caused by bis stepping into a hole in the floor of an empty freight car used as a passageway in unloading freight from another car and transporting it to the platform of the freight house, with a count under the employers’ liability act alleging a defect in the ways, works or machinery of the defendant, and a count at common law alleging a failure to furnish the plaintiff with safe instrumentalities or a safe place in which to work. Writ dated December 13, 1902. In the Superior Court Gaskill, J.…
1Opinion of the CourtBraley, J.
It is the contention of the plaintiff that upon the evidence shown by the report whether he was in the exercise of due care, or the defendant was negligent were issues of fact upon which the jury could have found in his favor, and therefore the direction of a verdict for the defendant was wrong.
In the performance of his duty as delivery clerk the plaintiff was required to unload freight from the cars as called for and deliver it to consignees, and he had a right to rely on the presumption that the defendant would not furnish defective appliances with which he was to perform the work.
The car…
2Cases cited16 opinions
- Delory v. BlodgettMassachusetts Supreme Judicial Court · 1904
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Huddleston v. Lowell Machine ShopMassachusetts Supreme Judicial Court · 1871
- Northern Pacific Railway Co. v. DixonSupreme Court of the United States · 1904
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Ladd v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Smith v. Scottish Union & National InsuranceMassachusetts Supreme Judicial Court · 1908
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
10 more not listed; retrieve them via the Exa API.