Picquett v. Wellington-Wild Coal Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries from falling into a coal hole alleged to have been left open and unguarded by servants of the defendant. Writ dated September 9,1904. In the Superior Court the case was tried before Harris, J., who refused to order a verdict for the defendant and submitted the case to the jury. The evidence upon the issue, whether the plaintiff was in the exercise of due care at the time of the accident, is described in the opinion.
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Tort for personal injuries from falling into a coal hole alleged to have been left open and unguarded by servants of the defendant. Writ dated September 9,1904. In the Superior Court the case was tried before Harris, J., who refused to order a verdict for the defendant and submitted the case to the jury. The evidence upon the issue, whether the plaintiff was in the exercise of due care at the time of the accident, is described in the opinion. The portion of the judge’s charge containing the illustration referred to in the opinion, to which the defendant excepted, was as follows: “ The…
1Opinion of the CourtRugg, J.
The plaintiff seeks in this action of tort to recover for personal injuries received by falling into a coal hole, while travelling on a public way in Boston. At about half-past five o’clock, on the afternoon of a snowy day in early January, the plaintiff was walking along Arch Street, when he saw the defendant’s coal team at the sidewalk, and supposed that coal was being delivered from it into a coal hole. He went into the street to go around the horses’ heads, but finding the street slushy, returned to the sidewalk. The plaintiff’s testimony tended to show that the place was dark, that one…
2Cases cited5 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- French v. Boston Coal Co.Massachusetts Supreme Judicial Court · 1907
- Wakefield v. Boston Coal Co.Massachusetts Supreme Judicial Court · 1908
- Owens v. Harvard Brewing Co.Massachusetts Supreme Judicial Court · 1907
3Cited by10 opinions
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Muse v. DeVitoMassachusetts Supreme Judicial Court · 1923
- Gurley v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Loeb v. City of MontgomeryAlabama Court of Appeals · 1913
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