Fitzgerald v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff, on May 15,1890, while in the defendant’s employ. The declaration was as follows: “ First count. And the plaintiff says that he was engaged in the work of storing hay in a building off Huntington Avenue, in Boston, in said county of Suffolk, and was in the exercise of due care.
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Tort for personal injuries occasioned to the plaintiff, on May 15,1890, while in the defendant’s employ. The declaration was as follows: “ First count. And the plaintiff says that he was engaged in the work of storing hay in a building off Huntington Avenue, in Boston, in said county of Suffolk, and was in the exercise of due care. And the plaintiff says that the defendant, by its servants and agents, had piled certain bales of hay near to where the plaintiff was working, as aforesaid, so negligently and carelessly that the same fell upon the plaintiff while so at work, and struck him upon…
1Opinion of the CourtMorton, J.
The first count in the plaintiff’s declaration is at common law, and is somewhat imperfectly drawn, but has not been demurred to. The only negligence alleged in it is that the bales of hay were piled carelessly by the defendant’s servants, and by reason thereof fell on the plaintiff. The plain*295tiff and those who piled the hay were fellow servants, and the defendant is not liable to the plaintiff for an injury resulting from the careless manner in which they did their share of the work in which all were engaged. Hodgkins v. Eastern Railroad, 119 Mass. 419. Connors v. Holden, 152 Mass. 598.
The…
2Cases cited2 opinions
- Hodgkins v. Eastern RailroadMassachusetts Supreme Judicial Court · 1876
- Connors v. HoldenMassachusetts Supreme Judicial Court · 1891
3Cited by13 opinions
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Johnson v. Butte & Superior Copper Co.Montana Supreme Court · 1910
- Hofnauer v. R. H. White Co.Massachusetts Supreme Judicial Court · 1904
- Burns v. WashburnMassachusetts Supreme Judicial Court · 1894
- Shea v. WellingtonMassachusetts Supreme Judicial Court · 1895
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