Murphy v. O'Neil
Massachusetts Supreme Judicial Court
Tort, with a declaration in four counts, the first alleging that the plaintiff’s intestate was employed by the defendants as a teamster and that, because of negligence of the defendants in failing to warn and instruct him with regard to the dangers of his work, he was thrown from a wagon and was injured by reason of the harness breaking, and shortly afterwards died; the second count alleged negligence of the defendants in suffering the wagon and harness to be in a defective…
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Tort, with a declaration in four counts, the first alleging that the plaintiff’s intestate was employed by the defendants as a teamster and that, because of negligence of the defendants in failing to warn and instruct him with regard to the dangers of his work, he was thrown from a wagon and was injured by reason of the harness breaking, and shortly afterwards died; the second count alleged negligence of the defendants in suffering the wagon and harness to be in a defective condition; the third, under R. L. c. 106, § 71, cl. 1; § 73, alleged a defect in the wagon and harness, as a part of the…
1Opinion of the CourtSheldon, J.
This case comes to us upon a report, by which it appears that the plaintiff recovered a verdict upon the second count only of her declaration, for the conscious suffering sustained by Murphy, her intestate, in his lifetime. The defendants excepted to the refusal of the judge to order a verdict in their favor; and the plaintiff excepted to the ruling that there was no evidence of a defective condition of any ways, works or machinery of the defendants, and so that she could not recover under the third count of her declaration for the death of Murphy. No question arises upon the fourth count of…
2Cases cited14 opinions
- Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- East Tenn., Va. & Ga. Railroad v. ThompsonSupreme Court of Alabama · 1891
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
- Georgia Pacific Railway Co. v. BrooksSupreme Court of Alabama · 1887
- Alvord Carriage Manufacturing Co. v. GleasonSupreme Court of Connecticut · 1869
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3Cited by3 opinions
- Assessors of Brockton v. Brockton Olympia Realty Co.Massachusetts Supreme Judicial Court · 1948
- New England Mutual Life Insurance v. City of BostonMassachusetts Supreme Judicial Court · 1947
- Condon v. GahmMassachusetts Supreme Judicial Court · 1911