192 Mass. 415 | Mass. | 1906
The plaintiff was struck and knocked off the track by a passing train while working in the defendant’s employment on the loop at the Dudley Street terminal station of the defendant’s railway in Boston, and this is an action to recover for the injuries thereby received. The declaration contained five counts, the first being at common law and the others under the employers’ liability act. The second count was for injuries caused by negligence on the part of a person entrusted with and exercising superintendence, whose sole or principal duty was that of superintendence. The case was submitted to the jury on this count only, the judge ruling that there was no evidence entitling the plaintiff to recover under the other counts. There was a verdict for the plaintiff, and the case is here on the defendant’s exceptions.
We think that the ruling was right. The plaintiff was set to work by Boyd, the superintendent, in what both knew to be a dangerous place. According to the plaintiff’s testimony he looked up to see if a train was approaching, and Boyd, who was
Exceptions overruled.