Mckay v. Boston & Maine Railroad

• Decision Date: 28 December 1933
• Parties: GEORGE H. MCKAY v. BOSTON AND MAINE RAILROAD.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

284 Mass. 606

GEORGE H. MCKAY v. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Essex.

December 28, 1933

October 4, 10 1933.

Present: RUGG, C.

J., CROSBY, PIERCE DONAHUE, & LUMMUS, JJ.

Negligence Railroad.

At the trial of an action of tort against a railroad corporation for injuries sustained when the plaintiff was thrown from the platform between two cars of a train as the train was entering a station, it was proper to order a verdict for the defendant where the evidence showed merely that, after the brakeman had called the name of the station, the plaintiff arose and went upon the platform as the train was slowing down; that he took hold of a guard rail when, suddenly, there was "this unusual and extreme jolt" which broke his hold and threw him toward the side of the car; that the jolt lifted him off his feet; that, as he was thrown forward, he seized the guard rail with his hand and was dragged along the platform; and that then there was a second jerk or jolt which broke his grip, and he fell to the station platform.

TORT for personal injuries. Writ dated December 11, 1929. In the Superior Court, the action was tried before Donnelly, J. Material evidence is stated in the opinion. The judge ordered a verdict for the defendant and reported the action for determination by this court.

J. J. Gaffney, for the plaintiff.

E. P. Garland, (J.

DeCourcy with him,) for the defendant.

CROSBY, J. This is an action of tort to recover for personal injuries received by the plaintiff while riding on the platform of a car of one of the defendant's trains when it was entering its station in Lynn. The plaintiff testified that he boarded the train at Salem; that there were four cars in the train, and he entered the third car from the end and occupied the fourth or fifth seat from the rear of the car. He further testified that the brakeman called "Lynn" when the train was pulling into that station and was slowing down; that he walked to the door, stepped out on the platform and took hold of the guard rail over the gate, and, suddenly, there was "this unusual and extreme jolt" that broke his hold and threw him toward the right side of the car; that it lifted him off his feet and as he was thrown forward he grabbed the guard rail with his right hand and was dragged along the platform, when there was a second jerk or jolt that broke his grip and he fell on the cement platform.

Upon...