Lewis v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff while in the defendant’s employment, on July 20,1883. Trial in the Superior Court, before Mason, J., who ordered a verdict for the defendant, and reported the case for the determination of this court.
1Opinion of the CourtMorton, J.
The plaintiff contends that there was evidence which would have justified the jury in finding that the rotten and defective condition of the pier which caused the accident was due to the negligence of the defendant, and in this we think he is right. He also contends that there was evidence to go to the jury that he was himself in the exercise of due care, and continued in the defendant’s service, relying upon assurances given by one of its general superintendents that the pier would be repaired. In this, however, we cannot agree with him.
The plaintiff was superintendent of the defendant’s…
2Cited by22 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Miner v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Rothenberger v. Northwestern Consolidated Milling Co.Supreme Court of Minnesota · 1894
- Viou v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1906
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
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