Adasken v. Gilbert
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff’s intestate, Adolph Adasken, and for causing his death while in the defendant’s employ. Trial in the Superior Court, before Dewey, J., who, at the close of the plaintiff’s evidence, at the defendant’s request, directed the jury to return a verdict for the defendant, and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
There are four counts in the declaration ; one at common law, and the others either under the St. of 1887, c. 270, or under that act as amended by the St. of 1892, c. 260, § 1. No question of pleading is raised, nor was the plaintiff required to elect under which count she would proceed. The question before us is whether there was any evidence on which the plaintiff was entitled to go to the jury, the presiding justice having, at the close of the evidence for the plaintiff, directed a verdict for the defendant.
The exceptions state that the plaintiff’s intestate was a painter, and had learned…
2Cases cited17 opinions
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Colton v. RichardsMassachusetts Supreme Judicial Court · 1878
- Allen v. G. W. & F. Smith Iron Co.Massachusetts Supreme Judicial Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Green v. SansomSupreme Court of Florida · 1899
- Granara v. JacobsMassachusetts Supreme Judicial Court · 1912
- Brady v. NorcrossMassachusetts Supreme Judicial Court · 1899
- Donahue v. C. H. Buck & Co.Massachusetts Supreme Judicial Court · 1908
19 more not listed; retrieve them via the Exa API.