Wilcox v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on January 18, 1912, when the plaintiff, who had a contract with the United States for carrying the mails between the post office in Walpole and the railroad station of the defendant in that town, was walking along the platform of that railroad station in the course of his duty and was struck by a baggage truck that had been left standing too near the track of the defendant’s railroad, so that the arriving train caused it to strike and…
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Tort for personal injuries sustained on January 18, 1912, when the plaintiff, who had a contract with the United States for carrying the mails between the post office in Walpole and the railroad station of the defendant in that town, was walking along the platform of that railroad station in the course of his duty and was struck by a baggage truck that had been left standing too near the track of the defendant’s railroad, so that the arriving train caused it to strike and injure the plaintiff. Writ dated March 8, 1912. In the Superior Court the case was tried before McLaughlin, J. At the…
1Opinion of the CourtBraley, J.
The judge upon contradictory evidence was warranted in finding that at the time of the accident the plaintiff was not a volunteer or a mere licensee, but as a mail messenger stood in the place where he was injured for the purpose of either putting the Walpole mail bag on the rear car or to receive the Walpole mail bag which came in on the train. Tierney v. Boston Elevated Railway, 216 Mass. 283. It was the defendant’s duty to use due care toward him while he was using the platform at its invitation for the purposes described. Stoddard v. New York, New Haven, & Hartford Railroad, 181 Mass.…
2Cases cited3 opinions
- Tierney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- MacLaren v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Stoddard v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
3Cited by2 opinions
- Fournier v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1934
- Ward v. New York Central RailroadMassachusetts Supreme Judicial Court · 1924