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Farwell V. Boston And Worcester Railroad
''Farwell v. Boston & Worcester R.R. Corp'', 45 Mass. 49 (Mass. 1842), Massachusetts Chief Justice Lemuel Shaw used a contract rationale to prevent a railroad worker from recovering from his employer, Boston and Worcester Railroad, for an injury due to the negligence of a switch tender employed by the same company, even though a third party or passenger would likely have been able to recover for the same injury. Shaw believed that the injured worker was in an equally good—if not better—position to oversee the work of his coworkers than his employer had been. It followed that to allow Farwell to recover compensatory damages would have been to create a moral hazard in the workplace, softening the blow of employee carelessness for those best able to prevent it. This created the fellow servant rule. In the years and decades that followed, courts in Massachusetts and elsewhere in the United States developed a panoply of doctrines that made it exceedingly difficult for industrial w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some of the court's decisions could be appealed to cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lemuel Shaw
Lemuel Shaw (January 9, 1781 – March 30, 1861) was an American jurist who served as chief justice of the Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment he also served for several years in the Massachusetts House of Representatives and as a state senator. In 1847, Shaw became the father-in-law of author Herman Melville. He ruled on prominent cases involving slavery, segregation, and religion. Early life and education Shaw was born in West Barnstable, Massachusetts, the second son of the Rev. Oakes Shaw and his second wife Susanna, who was a daughter of John H. Hayward of Braintree. The Shaws were descendants of Abraham Shaw (January 2, 1590 – November 2, 1638), who left Halifax, England in 1636 and settled in Dedham. Oakes Shaw, a Congregationalist minister, was pastor of the West Church in Barnstable for forty-seven years. Lemuel was named for his uncle, Dr. Hayward of Boston, father of George Hayward, the surgeon. Educated at home by his f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fellow Servant Rule
Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment". The US labor law terminology was the "fellow servant rule". Development The operation of the doctrine Precedent, was seen first in ''Priestly v Fowler'' in the United Kingdom. In the United States the doctrine was seen in ''Farwell v. Boston & Worcester R.R. Corp''. Bunker Hill Mining Company operated by the fellow servant doctrine. According to Katherine Aiken, "persons engaged in the same common pursuit for the same employer were fellow servants and companies were not liable for injuries where a fellow servant was at fault. Thus, either the miner himself or his coworker was ultimately responsible for accidents." Between March 1893 and Feb. 1894, 15 fatalities occurred at the mine. It was abolished altogether by the Law Reform (Personal Injuries) Act 1948 in the United Kingdom. The d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boston And Worcester Railroad
The Boston and Albany Railroad was a railroad connecting Boston, Massachusetts to Albany, New York, later becoming part of the New York Central Railroad system, Conrail, and CSX Transportation. The line is currently used by CSX for freight. Passenger service is provided on the line by Amtrak, as part of their ''Lake Shore Limited'' service, and by the MBTA Commuter Rail system, which owns the section east of Worcester and operates it as its Framingham/Worcester Line. History When the Erie Canal opened in 1825, New York City's advantageous water connection through the Hudson River threatened Boston's historical dominance as a trade center. Since the Berkshires made construction of a canal infeasible, Boston turned to the emerging railroad technology for a share of the freight to and from the Midwestern United States. The Boston and Worcester Railroad was chartered June 23, 1831 and construction began in August 1832. The line opened in sections: to West Newton on April 16, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fellow Servant Rule
Common employment was an historical defence in English tort law that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment". The US labor law terminology was the "fellow servant rule". Development The operation of the doctrine Precedent, was seen first in ''Priestly v Fowler'' in the United Kingdom. In the United States the doctrine was seen in ''Farwell v. Boston & Worcester R.R. Corp''. Bunker Hill Mining Company operated by the fellow servant doctrine. According to Katherine Aiken, "persons engaged in the same common pursuit for the same employer were fellow servants and companies were not liable for injuries where a fellow servant was at fault. Thus, either the miner himself or his coworker was ultimately responsible for accidents." Between March 1893 and Feb. 1894, 15 fatalities occurred at the mine. It was abolished altogether by the Law Reform (Personal Injuries) Act 1948 in the United Kingdom. The d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts State Case Law
Massachusetts (Massachusett: ''Muhsachuweesut məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1842 In United States Case Law
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 ''Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter &ndas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1842 In Massachusetts
__NOTOC__ Year 184 ( CLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Eggius and Aelianus (or, less frequently, year 937 ''Ab urbe condita''). The denomination 184 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place China * The Yellow Turban Rebellion and Liang Province Rebellion break out in China. * The Disasters of the Partisan Prohibitions ends. * Zhang Jue leads the peasant revolt against Emperor Ling of Han of the Eastern Han Dynasty. Heading for the capital of Luoyang, his massive and undisciplined army (360,000 men), burns and destroys government offices and outposts. * June – Ling of Han places his brother-in-law, He Jin, in command of the imperial army and sends them to attack the Yellow Turban rebels. * Winter &ndash ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boston And Albany Railroad
The Boston and Albany Railroad was a railroad connecting Boston, Massachusetts to Albany, New York, later becoming part of the New York Central Railroad system, Conrail, and CSX Transportation. The line is currently used by CSX for freight. Passenger service is provided on the line by Amtrak, as part of their '' Lake Shore Limited'' service, and by the MBTA Commuter Rail system, which owns the section east of Worcester and operates it as its Framingham/Worcester Line. History When the Erie Canal opened in 1825, New York City's advantageous water connection through the Hudson River threatened Boston's historical dominance as a trade center. Since the Berkshires made construction of a canal infeasible, Boston turned to the emerging railroad technology for a share of the freight to and from the Midwestern United States. The Boston and Worcester Railroad was chartered June 23, 1831 and construction began in August 1832. The line opened in sections: to West Newton on April 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
