Shepard v. Boston & Maine Railroad

This is an action of tort for personal injuries, brought under the employers’ liability act, St. 1887, c. 270, § 1, cl. 2, alleging that the injuries were caused by reason of the negligence of a person in the service of the defendant intrusted with and exercising superintendence. At the trial, the judge directed a verdict for the defendant, and the plaintiff excepted. The case was this. The plaintiff was on a hand-car, and was run into by a wild train, as it is called, that is, a train running by special orders and not regularly to be expected at that time. The train and the hand-car were…