Galvin v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff’s intestate, Michael Galvin, while in the employ of the defendant corporation as a freight handler, by being struck by the defendant’s locomotive engine through the alleged negligence of the engineer. At the trial in the Superior Court, before Braley, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts sufficiently appear in the opinion.
1Opinion of the CourtLathrop, J.
Taking the most favorable view of the evidence in this case for the plaintiff, we are of opinion that she is not entitled to recover. Her intestate was injured while using a narrow passageway between a railroad track and a cotton platform, which was not designed to be used in this way, although it was sometimes so used. There was a safer way, though longer, provided. Galvin was told to go on to the pier with O’Brien and get a barrel of oysters. Instead of following O’Brien, who took the safer way, he chose the shorter way, and then, without looking to see whether the locomotive engine was…
2Cases cited4 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893
- Shea v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Vigneault v. Dr. Hewson Dental Co.Massachusetts Supreme Judicial Court · 1938
- Beecroft v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
- St. Louis, K. C. & C. R. v. ConwayCourt of Appeals for the Eighth Circuit · 1907
- Dolphin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Perkins v. Oxford Paper Co.Supreme Judicial Court of Maine · 1908
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