Gayton v. Borsofsky
Massachusetts Supreme Judicial Court
Tort for personal injuries received when the plaintiff, twelve years of age, was upon a pedler’s wagon of the defendant and in his employ, and caused by alleged negligence of the defendant in starting the wagon. Writ dated November 9,1916. In the Superior Court the action was tried before Lawton, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered for him.
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Tort for personal injuries received when the plaintiff, twelve years of age, was upon a pedler’s wagon of the defendant and in his employ, and caused by alleged negligence of the defendant in starting the wagon. Writ dated November 9,1916. In the Superior Court the action was tried before Lawton, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered for him. The motion was denied and there was a verdict for the plaintiff in the sum of $150. The defendant alleged exceptions.
1Opinion of the CourtDe Courcy, J.
After a verdict for the plaintiff we must assume that the jury believed the testimony most favorable to him;- and on the evidence they could find the following facts: The plaintiff, a boy of twelve years, was employed by the defendant as a helper on his pedler’s wagon, and was injured on the first day of his employment. Across the rear end of the open wagon was a box containing fish, at the front end were barrels of apples and boxes of vegetables, and in the middle were bags filled with potatoes. At the time of the accident the plaintiff, as directed by the defendant, *370was sitting on the end…
2Cases cited4 opinions
- Bernabeo v. KaulbackMassachusetts Supreme Judicial Court · 1917
- Kean v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Keating v. HewattMassachusetts Supreme Judicial Court · 1912
- Moloney v. Pemberton Co.Massachusetts Supreme Judicial Court · 1914
3Cited by8 opinions
- Gerry v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1924
- Wood v. YoungOregon Supreme Court · 1928
- Greem v. CohenMassachusetts Supreme Judicial Court · 1937
- Ray v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1927
- Redmond v. American Ry. Express Co.Court of Appeals for the First Circuit · 1927
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