Monahan v. City of Worcester
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff on May 25, 1886, while in the defendant’s employment. At the trial in the Superior Court, before Staples, J., there was evidence tending to show that on that day the plaintiff was employed by the defendant in the construction of a sewer in a street under the tracks of a railroad; that one McLoughlin was also employed by the defendant, and was then engaged in wheeling bricks upon a handbarrow from a pile in the street…
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Tort for personal injuries occasioned to the plaintiff on May 25, 1886, while in the defendant’s employment. At the trial in the Superior Court, before Staples, J., there was evidence tending to show that on that day the plaintiff was employed by the defendant in the construction of a sewer in a street under the tracks of a railroad; that one McLoughlin was also employed by the defendant, and was then engaged in wheeling bricks upon a handbarrow from a pile in the street across the railroad track to the edge of the trench in which the plaintiff was at work; that just before the accident…
1Opinion of the CourtField, J.
The offer of the plaintiff to show that McLoughlin “ xvas generally reputed to be infirm in the senses of sight and hearing and in physical strength,” was made for the purpose of proving that the defendant either knew of these infirmities, or by the exercise of reasonable care would have known of them, if the jury found from other evidence that McLoughlin was infirm in these respects. For this purpose, in our opinion, the evidence was competent. The master is bound to use reasonable care in selecting his servants, and if a person is incompetent for the work he is employed to do, the fact that…
2Cited by19 opinions
- Leone v. DoranMassachusetts Supreme Judicial Court · 1973
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Malcolm v. FullerMassachusetts Supreme Judicial Court · 1890
- Sousa v. IromeMassachusetts Supreme Judicial Court · 1914
- Driscoll v. City of Fall RiverMassachusetts Supreme Judicial Court · 1895
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