Neylon v. Phillips

• Decision Date: 18 June 1901
• Citation: 179 Mass. 334,60 N.E. 616
• Parties: NEYLON v. PHILLIPS et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

179 Mass. 334

60 N.E. 616

NEYLON v. PHILLIPS et al.

Supreme Judicial Court of Massachusetts, Suffolk.

June 18, 1901

COUNSEL

E. M. Hill and J. J. McCarthy, for plaintiff.

N Matthews, Jr., W. G. Thompson, and S. R. Spring, for defendants.

OPINION

MORTON J.

This is an action of tort to recover for personal injuries caused by the alleged negligence of defendants' servant. The court directed a verdict for the defendants, and the case is here on the plaintiff's exceptions. The plaintiff was in the employ of the Chelsea Gaslight Company as a coal trimmer and shoveler. At the time of the accident the defendants were engaged in carting coal for the gaslight company from a wharf to its shed. The plaintiff's work consisted in helping to unload the wagons, and in shoveling the coal onto the heaps in the shed. There were rows of posts in the shed about 15 feet apart, the spaces between which were called 'bays.' The wagons were 6 to 7 feet in width from hub to hub, and carried about 4 1/2 tons each. The top of the tailboards was about 6 feet from the ground. There were doors in the rear end of the wagons, which were opened to let out the coal. The drivers would drive into the shed, and turn round and back down one of the bays to the coal heap. As they backed down, one of the men would step in behind the wagon and walk backward towards the coal heap, so as to be ready to open the doors and let out the coal when the wagon got far enough. They did this so as to save themselves the trouble of shoveling the coal off the floor. On the day of the accident one Tenny, a driver for the defendants, came to the shed, and drove in and turned round, and began to back down the first bay. When he got within 10 or 15 feet of the coal pile, the plaintiff stepped in behind the wagon and began to open the doors. He kept his hands on them, so as to prevent them from opening and letting out the coal, and in that position walked backward towards the coal heap as the wagon continued to back. Shortly before it reached the coal heap the wagon began to back quickly, and swerved to the right, and caught the plaintiff between it and one of the posts, and caused the injuries complained of. The plaintiff could not see the driver, and the latter could not see the plaintiff, although there was evidence tending to show that he knew that the plaintiff was behind the wagon. The plaintiff could have seen the post by turning his head, but he did not, having his attention engrossed, as he testified, in watching the team and the backing. ...