Hanlon v. Thompson
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, at an ice plant in Haverhill, by the alleged negligence of the defendant in permitting the floor of a building to be in an unsafe condition. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.' The plaintiff testified, among other things, as follows: “ On February 27, 1894, while working for the defendant, I was injured.
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Tort, for personal injuries occasioned to the plaintiff, while in the defendant’s employ, at an ice plant in Haverhill, by the alleged negligence of the defendant in permitting the floor of a building to be in an unsafe condition. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.' The plaintiff testified, among other things, as follows: “ On February 27, 1894, while working for the defendant, I was injured. At that time I had been working for him about a week. At the time I was injured the ice had been filled in so that the westerly…
1Opinion of the CourtAllen, J.
1. There was evidence sufficient to warrant a finding that the plaintiff was in the employment of the defendant. It is true that the plaintiff was not hired by the defendant personally, and that both Cushman and the defendant testified that Cushman had agreed to fill the icehouses, and that the men were employed by Cushman to do the work. But from the other testimony the jury might think that these statements ought not to be taken as literally accurate. Cushman’s testimony was somewhat qualified by his cross-examination. And the defendant, on cross-examination, admitted that he employed one…
2Cited by5 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
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- Letchworth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
- Lewis v. CoupeMassachusetts Supreme Judicial Court · 1908
- Connors v. Merchants Manufacturing Co.Massachusetts Supreme Judicial Court · 1904