O'Malley v. Twenty-Five Associates
Massachusetts Supreme Judicial Court
Tort by the employee of a coal dealer against a corporation owning and maintaining a tenement house in Clinton for injuries caused to the plaintiff by the breaking of a hook at the end of a rope running over a wheel attached to the building, while the plaintiff was hoisting a basket of coal for delivery to one of the tenants of the defendant.
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Tort by the employee of a coal dealer against a corporation owning and maintaining a tenement house in Clinton for injuries caused to the plaintiff by the breaking of a hook at the end of a rope running over a wheel attached to the building, while the plaintiff was hoisting a basket of coal for delivery to one of the tenants of the defendant. Wrifi dated March 8, 1894. The case was first tried in the Superior Court, before Hopkins, J., who directed a verdict for the defendant. The plaintiff alleged exceptions which were sustained by this court in a decision reported in 170 Mass. 471. At the…
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries caused by the fall of a basket of coal upon the plaintiff’s head. The plaintiff was hoisting the coal to a tenement in a building owned by the defendant, by means of a pulley and tackle attached to a crane by .a hook, and the hook broke. The case has been tried a second time, and the evidence at the second” trial was so similar to that which already has been held to entitle the plaintiff to go to the jury that we assume without further argument that the defendant’s first exception is disposed of by the former decision. 170 Mass. 471.
But for reasons…
2Cases cited17 opinions
- Hines v. WillcoxTennessee Supreme Court · 1896
- Woods v. Naumkeag Steam Cotton Co.Massachusetts Supreme Judicial Court · 1883
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Cowen v. SunderlandMassachusetts Supreme Judicial Court · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Stumpf v. LelandMassachusetts Supreme Judicial Court · 1922
- Cushing v. JollesMassachusetts Supreme Judicial Court · 1935
- Shute v. BillsMassachusetts Supreme Judicial Court · 1906
- Hirsch v. . RadtNew York Court of Appeals · 1920
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
24 more not listed; retrieve them via the Exa API.