Haley v. Lombard
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of William J. Haley, late of Somerville, for the conscious suffering and death of the plaintiff’s intestate, while he was in the employ of the defendants as a teamster, on August 6, 1906, on North Market Street in Boston, by reason of the breaking of a strap when the plaintiff’s intestate was engaged in hauling it tight to buckle it around three barrels of apples on the tail board of his wagon, having his foot on “ the near hind wheel…
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Tort by the administratrix of the estate of William J. Haley, late of Somerville, for the conscious suffering and death of the plaintiff’s intestate, while he was in the employ of the defendants as a teamster, on August 6, 1906, on North Market Street in Boston, by reason of the breaking of a strap when the plaintiff’s intestate was engaged in hauling it tight to buckle it around three barrels of apples on the tail board of his wagon, having his foot on “ the near hind wheel to heave on the strap ” and standing on the side of the wagon which was toward the middle of the street, where, when…
1Opinion of the CourtRugs, J.
The plaintiff’s intestate was an experienced teamster in the employ of the defendants. There was evidence from which it might have been found that about a week before his injury the plaintiff’s intestate showed to a superintendent of the defendants a strap used for binding a load, calling attention to its weakness. The latter, after examination of the strap, said, “ That will hold all the load you ever put on your wagon.” About? a week later, while the plaintiff’s intestate was pulling hard to tighten the strap around his load, it broke, he fell into the street between the wheels of a passing…
2Cases cited9 opinions
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
- Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
- Burgess v. Davis Sulphur Ore Co.Massachusetts Supreme Judicial Court · 1896
- Kenney v. Hingham Cordage Co.Massachusetts Supreme Judicial Court · 1897
- O'Toole v. PruynMassachusetts Supreme Judicial Court · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mucha v. Northeastern Crushed Stone Co.Massachusetts Supreme Judicial Court · 1940
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Beggelman v. RomanowMassachusetts Supreme Judicial Court · 1934
- Sleeper v. ParkMassachusetts Supreme Judicial Court · 1919
- Eckstein v. ScoffiMassachusetts Supreme Judicial Court · 1938
3 more not listed; retrieve them via the Exa API.