Goddard v. McIntosh
Massachusetts Supreme Judicial Court
Tort, for personal inj'uries occasioned to the plaintiff on June 2, 1890, while unloading bricks from the defendant’s wagon. Trial in the Superior Court, before Maynard, J., who ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged exceptions, in substance as follows.
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Tort, for personal inj'uries occasioned to the plaintiff on June 2, 1890, while unloading bricks from the defendant’s wagon. Trial in the Superior Court, before Maynard, J., who ruled that the action could not be maintained, and directed a verdict for the defendant; and the plaintiff alleged exceptions, in substance as follows. The plaintiff offered evidence tending to prove that he was employed by one Mack, who was erecting a building in Boston, as a laborer under the direction of Mack’s superintendent; that the defendant brought to and delivered at the building a large number of loads of…
1Opinion of the CourtBarker, J.
The evidence tended to show that the practice was for the teamster to stop the wagon near to the sidewalk in front of the building, while he tossed the terra-cotta blocks or bricks to the men employed in the building. This began in the early part of April, and the accident occurred on the 2d of June. After the first load, and, according to the plaintiff’s own testimony, in delivering that load also, planks were placed with one end on the floor of the building and the other end on the floor of the wagon, making a level platform on which the men employed in the building would stand, and the…
2Cases cited2 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Maynard v. BuckMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Shannon v. WillardMassachusetts Supreme Judicial Court · 1909
- Wood v. DanasMassachusetts Supreme Judicial Court · 1918
- Manter v. New BedfordMassachusetts Supreme Judicial Court · 1923
- Beard v. GouldingIndiana Court of Appeals · 1914
- Larkin v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1896