Leary v. William G. Webber Co.
Massachusetts Supreme Judicial Court
Tort, against a corporation maintaining a department store in Salem, by the head fitter in the defendant’s cloak and dressmaking department, for personal injuries sustained on March 30, 1906, in the course of the plaintiff’s employment by the defendant, alleged to have been caused by the negligence of the defendant in employing for the management and operation of a passenger elevator in its building an incompetent person of insufficient mental and physical capacity and…
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Tort, against a corporation maintaining a department store in Salem, by the head fitter in the defendant’s cloak and dressmaking department, for personal injuries sustained on March 30, 1906, in the course of the plaintiff’s employment by the defendant, alleged to have been caused by the negligence of the defendant in employing for the management and operation of a passenger elevator in its building an incompetent person of insufficient mental and physical capacity and skill. Writ dated September 14,1906. The answer consisted only of a general denial. In the Superior Court the case was tried…
1Opinion of the CourtLoring, J.
The plaintiff’s story in this case was that she ■had come down on the elevator from the top to the first floor to get a piece of satin. After getting it she returned to go up in the same way and found “the elevator was up.” She rang the bell and Kinsman came down with some matting in the elevator. She waited while he took it off, and then (to quote her own words) “I went to get on the elevator and as I put my right foot on the elevator, and before I had a chance to put the left foot on the elevator, it shot up. . . . The next thing I remember [was] hanging on to something; it seemed to me [to…
2Cases cited11 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- O'Sullivan v. ShawMassachusetts Supreme Judicial Court · 2000
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Thomes v. Meyer Store Inc.Massachusetts Supreme Judicial Court · 1929
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
27 more not listed; retrieve them via the Exa API.