Greaney v. Holyoke Water Power Co.
Massachusetts Supreme Judicial Court
Two actions OF tort, for personal injuries sustained by the plaintiffs respectively through the alleged negligence of the defendant in permitting gas to escape from its pipes into the house occupied by the plaintiffs in Holyoke. At the trial of the cases together in the Superior Court, before Maynard, J., the jury returned a verdict for the plaintiff in each case; and the defendant alleged exceptions. The facts appear sufficiently in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant excepted to the refusal of the presiding justice to give instructions to the jury as follows: *439“ 1. Upon the whole evidence and the pleadings in the case, the plaintiff cannot recover. 2. There is no sufficient evidence that the negligence of the defendant caused the plaintiff’s injuries, and the plaintiff cannot recover. 3. The breaking of the pipe is not, under the circumstances of this case, in itself evidence that the defendant was negligent. 4. No burden rests on the defendant to show or explain the cause of the accident. 6. If the city in building the sewer did not properly…
2Cases cited3 opinions
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Finnegan v. Fall River Gas Works Co.Massachusetts Supreme Judicial Court · 1893
- Carmody v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1895
3Cited by14 opinions
- Mayes v. Kansas City Power & Light Co.Supreme Court of Kansas · 1926
- McClure v. Hoopeston Gas & Electric Co.Illinois Supreme Court · 1922
- Julian v. Sinclair Oil & Gas Co.Supreme Court of Oklahoma · 1934
- Sipple ex rel. Sipple v. Laclede Gaslight Co.Missouri Court of Appeals · 1907
- Bellevue Gas & Oil Co. v. CarrSupreme Court of Oklahoma · 1916
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