Robbins v. Athol Gas & Electric Co.
Massachusetts Supreme Judicial Court
Two actions of tort, each with a declaration in two counts, alleging that the defendant therein had caused the death of the plaintiff’s intestate, negligence in permitting the transformer and its wires, described in the opinion, to become defective and in a dangerous condition being charged in the first count in each declaration, and "wilful, wanton and reckless negligence” being alleged in the second count.
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Two actions of tort, each with a declaration in two counts, alleging that the defendant therein had caused the death of the plaintiff’s intestate, negligence in permitting the transformer and its wires, described in the opinion, to become defective and in a dangerous condition being charged in the first count in each declaration, and "wilful, wanton and reckless negligence” being alleged in the second count. Writs dated March 3, 1919. In the Superior Court, the actions were tried together before Sisk, J. The material evidence is described in the opinion. At the close of the evidence, a motion…
1Opinion of the CourtDe Courcy, J.
These two actions, tried together, were brought to recover damages for the death of the plaintiff’s son, Lewis H. Robbins, who received an electric shock from a highly charged transformer wire owned by the electric company and located on land of the tapioca company. In each case the main question is whether there was evidence of a breach of legal duty on the part of the defendant entitling the plaintiff to go to the jury.
The property of the tapioca company was on the north side of East Main Street in Orange. A main driveway extended from the street along the easterly side of the factory…
2Cases cited14 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oliveria v. OliveriaMassachusetts Supreme Judicial Court · 1940
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
- Moseley v. Alabama Power Co.Supreme Court of Alabama · 1945
- Black v. Public Service Electric & Gas Co.Supreme Court of New Jersey · 1970
21 more not listed; retrieve them via the Exa API.