Hodgkins v. Eastern Railroad

Massachusetts Supreme Judicial Court

Hodgkins v. Eastern Railroad

119 Mass. 419, 1876 Mass. LEXIS 47

Massachusetts Supreme Judicial Court·Decided January 28, 1876·Published·Cited by 15 cases

Opinion

Gray, C. J.

The making up of the train of cars with platforms of unequal height was the act of fellow servants of the plaintiff, for which, by the well settled law of this Commonwealth, he can maintain no action against the corporation. Farwell v. Boston & Worcester Railroad, 4 Met. 49. Hayes v. Western Railroad, 3 Cush. 270. Albro v. Agawam Canal, 6 Cush. 75. Gillshannon v. Stony Brook Railroad, 10 Cush. 228. Seaver v. Boston & Maine Railroad, 14 Gray, 466. Gilman v. Eastern Railroad, 10 Allen, 233. Johnson v. Boston, 118 Mass. 114.

Judgment for the defendant.

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Gray, C. J.

The making up of the train of cars with platforms of unequal height was the act of fellow servants of the plaintiff, for which, by the well settled law of this Commonwealth, he can maintain no action against the corporation. Farwell v. Boston & Worcester Railroad, 4 Met. 49. Hayes v. Western Railroad, 3 Cush. 270. Albro v. Agawam Canal, 6 Cush. 75. Gillshannon v. Stony Brook Railroad, 10 Cush. 228. Seaver v. Boston & Maine Railroad, 14 Gray, 466. Gilman v. Eastern Railroad, 10 Allen, 233. Johnson v. Boston, 118 Mass. 114.

Judgment for the defendant.

Hodgkins v. Eastern Railroad, 119 Mass. 419, 1876 Mass. LEXIS 47 (Mass. 1876).

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