Churchill v. Holt
Massachusetts Supreme Judicial Court
Tort to recover the amount of a judgment paid by the plaintiffs, in an action brought by Julia Heston against them for personal injuries occasioned by falling into an open and unguarded hatchway on the plaintiffs’ premises, alleged in this action to have been caused by the negligence of the defendants’ servant.
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Tort to recover the amount of a judgment paid by the plaintiffs, in an action brought by Julia Heston against them for personal injuries occasioned by falling into an open and unguarded hatchway on the plaintiffs’ premises, alleged in this action to have been caused by the negligence of the defendants’ servant. After the former decision, reported 127 Mass. 165, the case was tried in this court, before Lord, J.; the jury returned a verdict for the defendants; and the plaintiffs alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
This case came before as at the former hearing upon an offer of proof made by the plaintiffs; and it was held that the case should have been submitted to the jury, because the evidence offered tended to show that, on the day of the accident, the plaintiffs left the hatchway in a safe condition, and the servant of the defendants negligently removed the cover, and thus made it dangerous, without the knowledge of the plaintiffs. It was adjudged that, if such were the facts, the parties were not joint tortfeasors, in pari delicto, and the plaintiffs could maintain an action for indemnity.…
2Cases cited1 opinion
- Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
3Cited by24 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- Hollywood Barbecue Co. v. MorseMassachusetts Supreme Judicial Court · 1943
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
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