Mercier v. Boott Mills
Massachusetts Supreme Judicial Court
Tort at common law for personal injuries suffered by the plaintiff while in the employ of the defendant and operating an elevator in its mill in Lowell, and alleged to have been due to a defective and unsafe condition of the elevator. Writ dated July 15, 1910. In the Superior Court the case was tried before Morton, J. The material facts are stated in the opinion.
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Tort at common law for personal injuries suffered by the plaintiff while in the employ of the defendant and operating an elevator in its mill in Lowell, and alleged to have been due to a defective and unsafe condition of the elevator. Writ dated July 15, 1910. In the Superior Court the case was tried before Morton, J. The material facts are stated in the opinion. At the close of the plaintiff’s evidence the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtSheldon, J.
It would be of no advantage to recapitulate the evidence in this case. The testimony of the plaintiff was confused and sometimes scarcely intelligible; and if some parts of it were to be accepted to the exclusion of others, it would appear that his injury was due merely to his having allowed some part of his body to protrude beyond the lines of the elevator which he was running, and not to any negligence of the defendant. McDonald v. Dutton, 198 Mass. 398. The statements made by the plaintiff to Moran at the hospital tend to the same conclusion. But other parts of his testimony, taken in…
2Cases cited8 opinions
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Moylon v. D. S. McDonald Co.Massachusetts Supreme Judicial Court · 1905
- Doon v. FeltonMassachusetts Supreme Judicial Court · 1909
- Picquett v. Wellington-Wild Coal Co.Massachusetts Supreme Judicial Court · 1909
- Doolan v. Pocasset Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
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