Walton v. New York Cent. Sleeping-Car Co.

• Decision Date: 24 June 1885
• Citation: 139 Mass. 556,2 N.E. 101
• Parties: James Walton v. New York Central Sleeping Car Company
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

139 Mass. 556

2 N.E. 101

James Walton v. New York Central Sleeping Car Company

Supreme Judicial Court of Massachusetts

June 24, 1885

Argued January 22, 1885 [Syllabus Material]

Suffolk.

Tort for personal injuries. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows:

The plaintiff was in the employ of the Boston and Albany Railroad Company, as a laborer and track repairer, and, on August 5 1882, was, under the direction of said railroad company rightfully on its track, engaged in the performance of his duties, and in the exercise of due care, when an express train passed rapidly by on an adjoining track, and a bundle thrown from the passing train hit the plaintiff, and caused the injuries complained of.

In this train was a drawing-room or parlor car, owned by the defendant. This car made a part of the train on the Boston and Albany Railroad which left Boston for Albany at half-past eight in the morning of said day. For the use of this car, the defendant received a certain fare from each passenger occupying a seat in it. The defendant employed on the car a conductor, who collected the fare for seats, and had general charge and management of the car; and a porter, one Maxwell, whose business it was to take charge of the car, keep it clean and in order, serve the passengers, and remove rubbish from the car, and who was under the direction of the conductor.

In the performance of his service as porter, Maxwell went on said car of the defendant during its transit over the road, and did whatever was required for the above purposes. He was allowed by the defendant to bring in and keep in a closet in the car, where articles of the defendant were also kept, a satchel and other articles of his own, to which closet he had a key. Maxwell spent the alternate nights in Boston and Albany. As this car was passing through Newton on said day, Maxwell went out upon the platform of the defendant's car and threw off a paper bundle containing soiled clothing belonging to himself, together with a paper box containing a pound of candy, and sixty dollars in currency. The evidence was conflicting as to the weight and solidity of the bundle. Maxwell, the evening before, had arranged with a young woman (who with her mother lived near where the bundle was thrown) to throw the bundle at this point from the train, she to receive it, wash the soiled linen, and to keep the money for him. The bundle so thrown by Maxwell was the one which struck the plaintiff. Maxwell had never thrown a bundle before. He had no duty in regard to the washing of the linen used in the car, which was always washed in Boston, where the soiled linen was removed and fresh linen put in, by servants of the defendant other than Maxwell.

Maxwell testified that nobody instructed him to throw the bundle off that he threw it off to have his washing done there, and to leave his money there; that he had made arrangements with a woman to throw the soiled clothes and the money; that the defendant...