Igo v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained while the plaintiff was in the employ of the defendant at its car bam at North Cambridge on March 16, 1903, from the flattened top of a bolt flying into the plaintiff’s left eye, when the plaintiff, who was assisting in repairing an iron fender of a car, by the direction of one Lynch, alleged to be a superintendent of the defendant, was holding a sledge hammer pressed against the bolt to keep it in position while Lynch cut off the…
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Tort for personal injuries sustained while the plaintiff was in the employ of the defendant at its car bam at North Cambridge on March 16, 1903, from the flattened top of a bolt flying into the plaintiff’s left eye, when the plaintiff, who was assisting in repairing an iron fender of a car, by the direction of one Lynch, alleged to be a superintendent of the defendant, was holding a sledge hammer pressed against the bolt to keep it in position while Lynch cut off the flattened top of the bolt with a bolt cutter; with three counts, the first and second under the employers’ liability act…
1Opinion of the CourtSheldon, J.
Upon the facts stated by the plaintiff’s counsel in opening, we are of opinion that the jury would have been warranted in finding that Lynch was a superintendent in the employ of the defendant within the meaning of E. L. c. 106, § 71, cl. 2, now contained in St. 1909, c. 514, § 127, cl. 2, and that the injury to the plaintiff resulted from Lynch’s negligence. This negligence, the jury might have found, consisted in determining to use a carriage bolt upon the fender as a rivet, a purpose for which it was unfit and for which Lynch should have known that it was unfit. They also might have found…
2Cases cited9 opinions
- Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
- O'Toole v. PruynMassachusetts Supreme Judicial Court · 1909
- Cooney v. Commonwealth Avenue Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Shannon v. ShawMassachusetts Supreme Judicial Court · 1909
- Hourigan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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3Cited by3 opinions
- Stafford v. GowingSupreme Court of Iowa · 1945
- Mooney v. Benjamin F. Smith Co.Massachusetts Supreme Judicial Court · 1910
- Carroll v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1911