Hartford v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, under R. L. c. Ill, § 267, against a railroad company, for the death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant or the gross negligence of its agents or servants.
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Tort, under R. L. c. Ill, § 267, against a railroad company, for the death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant or the gross negligence of its agents or servants. Writ dated April 25, 1902. At the trial in the Superior Court before Grashill, J., there was evidence of the following facts, besides those stated in the opinion: Robert H. Hartford, the plaintiff’s intestate, on the afternoon of May 6,1901, was in the employ of the Natural Food Company of Worcester, and was engaged in unloading sliooks for boxes, from a car standing on a switch…
1Opinion of the CourtHammond, J.
The evidence was ample to show that while the plaintiff’s intestate was engaged in unloading the car he was told by Carruth, the conductor in charge of the crew who were to remove the cars from the side track, to “ look out,” because the cars were to be moved; that upon such information it was the duty of the intestate to take down the steel “brow” which connected the car with the chute in the building; that shortly afterwards the cars were moved in obedience to orders from Carruth, and after they had been moved a few feet the intestate was found caught between the “ brow ” and the building…
2Cases cited2 opinions
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Thyng v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by12 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hale v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
- Mullins v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
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