Cogan v. Burnham
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff while engaged with others in the defendant’s employ in taking down a coal run. The declaration contained two counts under the employers’ liability act, St. 1887, c. 270, and three counts at common law.
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Tort, for personal injuries occasioned to the plaintiff while engaged with others in the defendant’s employ in taking down a coal run. The declaration contained two counts under the employers’ liability act, St. 1887, c. 270, and three counts at common law. At the trial in the Superior Court, before Sherman, J., the question whether the plaintiff, who did not give notice of the injury within the time required by the statute, was incapacitated from giving the notice until he did, was submitted to the jury under instructions which were excepted to by the plaintiff; and the jury answered it in…
1Opinion of the CourtLoring, J.
The exceptions must be overruled.
1. The jury were rightly instructed as to what would excuse the plaintiff from giving the notice required by St. 1887, c. 270, § 3, as amended by St. 1888, c. 155, § 1, to charge the defendant on the counts drawn under the employers’ liability act. There is nothing in his contention that the ruling was wrong because the statute excuses the employee from giving notice either in case of his mental, or in case of physical disability, while the judge ruled that the plaintiff was not excused unless he was both mentally and physically disabled. If a person is…
2Cases cited5 opinions
- Whittaker v. BentMassachusetts Supreme Judicial Court · 1897
- May v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Saunders v. City of BostonMassachusetts Supreme Judicial Court · 1897
- Robinson v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Lyons v. City of CambridgeMassachusetts Supreme Judicial Court · 1882
3Cited by5 opinions
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Stoliker v. City of BostonMassachusetts Supreme Judicial Court · 1910
- Locklin v. FisherAppellate Division of the Supreme Court of the State of New York · 1942
- Young v. Board of Education of Union Free School District Eight, New York County Courts1948
- Knauss v. Webber Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913