Legal Opinion

Chisholm v. New England Telephone & Telegraph Co.

Massachusetts Supreme Judicial Court

Decided February 25, 1904PublishedCited by 6 opinions

Tort, at common law, for personal injuries sustained by the plaintiff’s testator, a lineman, in falling from a pole of the defendant while at work there in the defendant’s employ. Writ dated May 31,1898. In the Superior Court Sheldon, J. ordered a verdict for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtMorton, J.

It was the duty of the defendant to exercise reasonable care and diligence in seeing that the structures and appliances which it provided were free from defects so that the plaintiff’s testator and others in its employ being themselves in the exercise of due care could safely perform the work which they were employed to do. The defendant could not avoid liability for injuries caused by its negligence in this regard by delegating this duty to others or by imposing it within the sphere of their respective duties upon those in its employ unless the circumstances were such as to constitute an…

2Cited by6 opinions

  1. Lamberti v. NealMassachusetts Supreme Judicial Court · 1925
  2. Garfield v. Passumpsic Telephone Co.Supreme Court of Vermont · 1917
  3. Dawson v. Lawrence Gas Light Co.Massachusetts Supreme Judicial Court · 1905
  4. Jennison v. Waltham Gas Light Co.Massachusetts Supreme Judicial Court · 1909
  5. Little v. Hyde Park Electric Light Co.Massachusetts Supreme Judicial Court · 1906

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