Carolan v. Railway Express Agency, Inc.
Carolan v. Railway Express Agency, Inc.
Opinion of the Court
This is an action of tort for personal injuries, brought by an employee twenty years old against his employer, for injuries received on March 5, 1945, at the North Station in Boston. The defendant, as an express company subject to the interstate commerce act, was excepted from the workmen’s compensation act. St. 1943, c. 529, § 3. Price v. Railway Express Agency, Inc. 322 Mass. 476. See now St. 1945, c. 369. The declaration alleges that “by reason of some defect in the condition of the ways,
The plaintiff operated a motor tractor which towed trucks around the platforms which lay between tracks at the North Station. A truck was eight or ten feet long, and weighed one thousand three hundred fifty pounds when empty. It had no motive power of its own. It had a handle about three feet long which could be attached to a tractor. The handle was fastened to the truck by plates which formed a turntable and governed the lateral motion of the handle.
On the occasion in question some railroad express cars were standing on one of the tracks. The plaintiff disconnected the truck from the tractor, and pulled the truck by hand by means of the handle, trying to get it alongside an express car from which the truck was to be loaded. The turntable of the truck did not move freely, the handle got stuck, and the weight of the handle, the pitch of the platform, and the pulling by the plaintiff on the handle, combined to wedge him against the side of the express car and to cause his injuries.
The word “defect” in the employers’ liability act (St. 1887, c. 270, § 1, [1]; G. L. [Ter. Ed.] c. 153, § 1, First) refers merely to a condition with regard to the safety of employees. Willey v. Boston Electric Light Co. 168 Mass. 40, 42. Lamberti v. Neal, 253 Mass. 99, 106. There was no evidence that there is anything dangerous about a truck the turntable of which is not adequately greased or turns with difficulty. Moreover, a witness for the plaintiff, fa
Judgment for the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.