195 Mass. 307 | Mass. | 1907
Although at the time of the accident the plaintiff’s intestate had finished his work for the day, and was under no obligation to do any more work for the defendant on that day, it seems to us plain that he was being transported by the defendant as an incident of his employment and that the relation between him and the defendant was therefore that of master and servant and not that of carrier and passenger. The car was a special car in which only the laborers who were working on that particular job were allowed to ride, and was furnished
The conclusion to which we have come on this branch of the case renders it unnecessary to consider the question of the intestate’s due care, or the motorman’s negligence.
Exceptions overruled.