Ladd v. New Bedford Railroad
Massachusetts Supreme Judicial Court
Tort by a road master, in the employ of the defendant corporation, to recover for an injury sustained by him in consequence of the defendant’s cars, in one of which he was riding, being thrown down a bank by the breaking of a switch on the defendant road.
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Tort by a road master, in the employ of the defendant corporation, to recover for an injury sustained by him in consequence of the defendant’s cars, in one of which he was riding, being thrown down a bank by the breaking of a switch on the defendant road. At the trial in the Superior Court, Wilkinson, J., ruled that the evidence would not warrant a verdict for the plaintiff, and directed a verdict for the defendant; and the plaintiff alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtGray, C. J.
The original declaration alleged that the accident was caused by the defendant’s negligent employment of an incompetent switchman and an incompetent engineer, and by the incompetency and negligence of the switchman and the engineer. But there was no evidence at the trial that the corporation negligently employed incompetent servants; and it was admitted at the argument that the switchman and the engineer were fellow-servants of the plaintiff, for whose negligence the corporation was not liable to him. Gilman v. Eastern Railroad, 10 Allen, 233.
The plaintiff now relies upon the amended…
2Cases cited6 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Huddleston v. Lowell Machine ShopMassachusetts Supreme Judicial Court · 1871
- Simmons v. New Bedford, Vineyard & Nantucket Steamboat Co.Massachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Kohn v. McNultaSupreme Court of the United States · 1893
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Naylor v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Lovejoy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1878
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
46 more not listed; retrieve them via the Exa API.