Legal Opinion

Melvin v. Pennsylvania Steel Co.

Massachusetts Supreme Judicial Court

Decided January 1, 1902PublishedCited by 29 opinions

Tort for injuries alleged to have been caused by the plaintiff being struck on the head by a cold chisel belonging to the defendant and negligently used by the defendant’s servants in cutting rivets from certain steel columns.

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Tort for injuries alleged to have been caused by the plaintiff being struck on the head by a cold chisel belonging to the defendant and negligently used by the defendant’s servants in cutting rivets from certain steel columns. Writ dated July 21, 1899. The declaration alleged, that the plaintiff was an employee and foreman of the Boston Electric Light Company and was in its behalf superintending the building of a shed or covering for certain engines and boilers and their foundations, and, after referring to the fact that the defendant was engaged in cutting iron and steel rivets, alleged,…

1Opinion of the CourtKnowlton, J.

The question in this case is whether there was evidence that the plaintiff received his injury through the negligence of the defendant or its servants.

The testimony tended to show that when the plaintiff was injured he was rightfully on the premises and was in the exercise of due care; that the defendant’s employees were working on the steel frame of the building, almost directly above him, striking with sledges and hammers; that they had cut many *202rivets and done a great deal of cutting; that in cutting rivets they used cold chisels similar to the one produced at the trial, holding them by…

2Cases cited5 opinions

  1. Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
  2. White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
  3. Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
  4. Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
  5. Mahoney v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894

3Cited by29 opinions

  1. The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
  2. Navien v. CohenMassachusetts Supreme Judicial Court · 1929
  3. McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
  4. Couris v. Casco Amusement Corp.Massachusetts Supreme Judicial Court · 1956
  5. Cooney v. Commonwealth Avenue Street Railway Co.Massachusetts Supreme Judicial Court · 1907

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