Harrington v. Border City Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries, with a declaration as amended alleging that the plaintiff “on account of the negligence of the defendant, by its servants, and agents, . . . was injured by a ball that struck her in the back.” Writ dated August 11, 1917. In the Superior Court, the action was tried before Sisk, J. Material evidence and exceptions saved by the plaintiff are described in the opinion.
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Tort for personal injuries, with a declaration as amended alleging that the plaintiff “on account of the negligence of the defendant, by its servants, and agents, . . . was injured by a ball that struck her in the back.” Writ dated August 11, 1917. In the Superior Court, the action was tried before Sisk, J. Material evidence and exceptions saved by the plaintiff are described in the opinion. At the close of the evidence, the trial judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtCrosby, J.
This is an action of tort for personal injuries. The plaintiff testified that in the latter part of August, 1916, she was struck in the back by a baseball; that for a considerable period of time before and after the injury she had been employed by the defendant; that the accident occurred during the noon hour and while she.was on Weaver Street, an "ordinary street” in Fall River, returning to the mill where she worked; that the defendant operated three cotton mills employing several thousand men; that at the time she was struck some of these men were playing baseball on a lot of the defendant…
2Cases cited15 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. HenryMassachusetts Supreme Judicial Court · 1917
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3Cited by17 opinions
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
- Louisville Baseball Club v. HillCourt of Appeals of Kentucky (pre-1976) · 1942
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Perfection Mattress & Spring Co. v. WindhamSupreme Court of Alabama · 1938
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