DiIorio v. Jordan Marsh Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries alleged to have been caused by the plaintiff’s foot being run over by a wagon driven by an employee of the defendant, and the second by the husband of the plaintiff in the first action for loss sustained by reason of her injuries.
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Two actions of tort, the first for personal injuries alleged to have been caused by the plaintiff’s foot being run over by a wagon driven by an employee of the defendant, and the second by the husband of the plaintiff in the first action for loss sustained by reason of her injuries. Writs in the Municipal Court of the City of Boston dated January 12, 1910. On appeal to the Superior Court the cases were tried together before Lawton, J. There was evidence that the wagon of the defendant was being driven rapidly and that the driver was “fooling” with a man on the seat with him. Other facts…
1Opinion of the CourtRugg, C. J.
There was evidence tending to show that the female plaintiff (hereafter referred to as the plaintiff) was pulling upon a wooden box about a yard and a half long, three feet wide and four feet high on the sidewalk of Salem Street in Boston, at eight o’clock in the evening. The box was partially on the sidewalk, and projected somewhat over the curb into the street. It was so heavy that two persons were moving it from one store to the next store. The plaintiff was pulling backward with one foot in the street and the other on the sidewalk, while her helper was pushing on the other end of the box.…
2Cases cited4 opinions
- Donovan v. BernhardMassachusetts Supreme Judicial Court · 1911
- Russo v. Charles S. Brown Co.Massachusetts Supreme Judicial Court · 1908
- Flansberg v. Heywood Bros.Massachusetts Supreme Judicial Court · 1908
- Flansberg v. Heywood Bros. & Wakefield Co.Massachusetts Supreme Judicial Court · 1906
3Cited by1 opinion
- Pierce v. HutchinsonMassachusetts Supreme Judicial Court · 1922