Legal Opinion

French v. Sabin

Massachusetts Supreme Judicial Court

Decided May 21, 1909PublishedCited by 14 opinions

Tort for the death of the plaintiff’s intestate. Writ in the Superior Court for the county of Norfolk dated January 4,1906. The case was tried before Dana, J. It appeared that the plaintiff’s intestate, at the time when he met his death, was the manager of the telephone exchange of the New England Telephone and Telegraph Company at Randolph. Other facts are stated in the opinion.

Read the full summary

Tort for the death of the plaintiff’s intestate. Writ in the Superior Court for the county of Norfolk dated January 4,1906. The case was tried before Dana, J. It appeared that the plaintiff’s intestate, at the time when he met his death, was the manager of the telephone exchange of the New England Telephone and Telegraph Company at Randolph. Other facts are stated in the opinion. At the close of the plaintiff’s evidence the presiding judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the Court

Erale?, J.

The accident causing the injury and death of the plaintiff’s intestate resulted from an electrical shock, received while he was adjusting a telephone wire connecting the house of a subscriber with the main line. If it be assumed that there was evidence of the defendant’s negligence arising from the defective insulation of the electric lighting wires with which the decedent while at work came in contact, the plaintiff was bound to offer some evidence from which the jury could find that his intestate was in the exercise of due care. In substance the evidence when examined tended to…

2Cases cited5 opinions

  1. Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
  2. Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
  3. Lizotte v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1907
  4. McCarty v. Clinton Gas Light Co.Massachusetts Supreme Judicial Court · 1906
  5. Brodie v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1908

3Cited by14 opinions

  1. Williams v. HolbrookMassachusetts Supreme Judicial Court · 1913
  2. Philbin v. Marlborough Electric Co.Massachusetts Supreme Judicial Court · 1914
  3. Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913
  4. Lydon v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1911
  5. Miller v. EstepCourt of Appeals of Texas · 1928

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API