Douglas v. Holyoke Machine Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained by the plaintiff at about two o’clock in the afternoon of August 31,1916, when the plaintiff was walking on the sidewalk of Thomas Street, a public way in Worcester, by reason of being hit by an iron washer that came through a window of the adjoining building occupied by the defendant. Writ dated January 18, 1917. In the Superior Court the case was tried before Fox, J. The evidence is described in the opinion.
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Tort for personal injuries sustained by the plaintiff at about two o’clock in the afternoon of August 31,1916, when the plaintiff was walking on the sidewalk of Thomas Street, a public way in Worcester, by reason of being hit by an iron washer that came through a window of the adjoining building occupied by the defendant. Writ dated January 18, 1917. In the Superior Court the case was tried before Fox, J. The evidence is described in the opinion. At the close of the evidence the defendant filed a motion that the judge order a verdict for the defendant. The judge denied the motion and…
1Opinion of the Court
Rugg, C, J.
This is an action of tort, wherein the plaintiff seeks to recover compensation for personal injuries sustained by him while travelling upon Thomas Street, a public way in. Worcester, from being hit by an iron washer which came through a window of a building nearby occupied by the defendant. The decisive question is whether there was any evidence to warrant *575a finding that the washer came through the window by reason of any act of negligence for which the defendant was responsible.
There was testimony that the plaintiff did not see the washer until it hit him, when he saw'it on the…
2Cases cited18 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Wadsworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1903
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3Cited by29 opinions
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
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- Kansallis Finance Ltd. v. FernMassachusetts Supreme Judicial Court · 1996
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
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