Kleibaz v. Middleton Paper Co.
Massachusetts Supreme Judicial Court
Tort, at common law, by an employee in the paper mill of the defendant for injuries caused by the fall of a freight elevator •which the plaintiff was engaged in operating. Writ dated November 23, 1899. At the trial in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff in the sum of $20,000 ; and the defendant alleged exceptions.
1Opinion of the CourtLathrop, J.
The only question which has been argued before us is whether the judge who tried the case should have ruled, as requested by the defendant, “ That upon all the evidence this action cannot be maintained.” This ruling was *364requested at the close of the evidence for the defendant, so that if there is anything favorable to the plaintiff in the evidence for the defendant the plaintiff is entitled to the benefit of it.
The accident occurred on November 3, 1899. The plaintiff was a native of Austria and came to this country in 1894, and was over twenty-one years old at the time of the accident. He was…
2Cases cited6 opinions
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1890
- Ramsdell v. JordanMassachusetts Supreme Judicial Court · 1897
- Degnan v. JordanMassachusetts Supreme Judicial Court · 1895
- Rood v. Lawrence Manufacturing Co.Massachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Byrne v. Boston Woven Hose & Rubber Co.Massachusetts Supreme Judicial Court · 1906
- West v. LinehanMassachusetts Supreme Judicial Court · 1909