Follins v. Dill
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Richard I. FoIIins, late of Boston, for causing the conscious suffering and death of the plaintiff’s intestate by injuries received by him on November 2, 1911, from falling down the well of a freight elevator in a building owned by the defendant, as trustee, on Eliot Street in Boston and leased to different tenants for stores and mercantile purposes.
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Tort by the administrator of the estate of Richard I. FoIIins, late of Boston, for causing the conscious suffering and death of the plaintiff’s intestate by injuries received by him on November 2, 1911, from falling down the well of a freight elevator in a building owned by the defendant, as trustee, on Eliot Street in Boston and leased to different tenants for stores and mercantile purposes. Writ dated December 28, 1911. In the Superior Court the case was tried before White, J. The essential part of the evidence is described in the opinion. In 1911 the third floor of the building was leased…
1Opinion of the CourtBraley, J.
The trial court had power to vacate the order dismissing the exceptions, and thereupon to amend its docket in conformity with previous orders extending the time for filing exceptions, but which through inadvertence had not been docketed. Dalton-Ingersoll Co. v. Fiske, 175 Mass. 15. Having been filed seasonably and allowed, the defendant’s exceptions under the amended record are properly before us.
The jury could find that by falling or walking into the unguarded well of an elevator, designed for the transportation of freight, the plaintiff’s intestate, while in the exercise of due care,…
2Cases cited12 opinions
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3Cited by12 opinions
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