151 Mass. 102 | Mass. | 1890
This is an action for causing the death of the plaintiff’s intestate. The case was tried by the judge below without a jury. He found the facts specially, and ruled that upon them the plaintiff was not entitled to maintain her action. If this ruling was correct, it is unnecessary to consider whether the rulings asked for the plaintiff were correct or not. The facts, briefly stated, were that the plaintiff’s intestate was conductor of a switching crew in the defendant’s yard; having charge of all movements of cars within or about the yard; and that while he was acting as such on May 18, 1886, between five and six o’clock in the afternoon, and attempting to couple two cars in the usual course of business, his head was struck by a projecting piece of timber upon the moving car, and he was killed. The car was thirty feet long. The piece of timber was thirty-two feet and four inches long, and projected thirteen inches beyond one end, and fifteen inches beyond the other end of the car. The cars were loaded and handled in the usual way. The plaintiff’s intestate was experienced in his business, and knew the usages of the yard.
The case is governed by Lothrop v. Fitchburg Railroad, 150 Mass. 423, decided since this case was argued. That case was like this, except in the particular that there the plaintiff had whatever advantage was to be gained from the St. of 1887, c. 270, so far as it modifies the common law as to the risks
Exceptions overruled.