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accident action administrator agreed agreement alleged allowed amended amount answer appears asked authority bank bill Boston building called caused charge claim common Commonwealth Company contends contract corporation count COURCY damages dated death decree defendant defendant's determine direct easements Elevated employed employee entered entitled equity evidence exceptions exercise facts filed finding follows further give given held injury interest issue judge judgment jury land liability Mass material matter means meeting mortgage negligence notice November October October 24 opinion paid parties passed payment performance person petition petitioner plaintiff Present provisions question Railroad Railway reason received recover refused request RUGG rule SHELDON statute Street submitted suit Superior Court taken testified tion TORT town trial trustees verdict warranted witness Worcester Writ
Page 358 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 357 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Proridfd.
Page 5 - In order to be responsible, he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him ; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
Page 520 - The presumption is that the persons injured were *in the exercise of due care at the time of the injury.
Page 357 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 357 - ... resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, tracks, roadbed, works, boats, wharves or other equipment.
Page 359 - Columbia or any of the states or territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents, and, if none, then of the next of kin dependent upon such employee...
Page 143 - ... if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons...