Mehan v. Lowell Electric Light Corp.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 106, § 73, by Owen Mehan and Jane E. Mehan as dependent next of kin to recover damages for the death of their son Frederick 0. Mehan. Writ dated December 8, 1904. At the trial in 'the Superior Court before Bell, J. the following facts among others appeared: Due notice of the time, place and cause of the accident was given to the defendant.
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Tort under R. L. c. 106, § 73, by Owen Mehan and Jane E. Mehan as dependent next of kin to recover damages for the death of their son Frederick 0. Mehan. Writ dated December 8, 1904. At the trial in 'the Superior Court before Bell, J. the following facts among others appeared: Due notice of the time, place and cause of the accident was given to the defendant. The defendant was engaged in the business of furnishing electricity for light, heat and power, having a central station or power house on Perry Street, in Lowell. The deceased was an oiler who had been in the employ of the defendant…
1Opinion of the CourtLoring, J.
1. We are of opinion that the seventh and tenth rulings asked for were rightly refused.
The defendant’s first contention in support of these rulings is that there was no evidence showing due care on Mehan’s part even if he had a right to be where he was, and the case comes within such cases as Cox v. South Shore & Boston Street Railway, 182 Mass. 497, and Clare v. New York & New England Railroad, 167 Mass. 39, 40. But it is to be noted that the iron pillar from which Mehan received the fatal shock was but three inches from the engine room floor on which Mehan was standing at the time, and…
2Cases cited8 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Hodnett v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Welch v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Herrick's CaseMassachusetts Supreme Judicial Court · 1914
- Kenney's CaseMassachusetts Supreme Judicial Court · 1916
- Neiss v. BurwenMassachusetts Supreme Judicial Court · 1934
- Ferriter's CaseMassachusetts Supreme Judicial Court · 1929
- Cahill v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
6 more not listed; retrieve them via the Exa API.