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Cruzan v. New York Central & Hudson River Railroad Co.
Supreme Judicial Court of Massachusetts
116 N.E. 879 (1917)
A brakeman climbing down a ladder on the side of a freight train was hit and killed by an oncoming train. Cruzan (plaintiff) sued New York Central & Hudson River Railroad Co. (Railroad) (defendant) for the brakeman’s death under the Federal Employers Liability Act. The trial judge refused to enter a verdict in favor of the Railroad on the basis of insufficient evidence of negligence. The Railroad claimed exceptions.
Rule of Law
Holding and Reasoning (Rugg, C.J.)
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