Healey v. George F. Blake Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort by an employee in a pump factory against his employer for injuries caused by the fall of a sled which was being hoisted by a derrick, while the plaintiff was sitting on the sled to balance it by order of one Johnson, a superintendent of the defendant, the first count being at common law and three others under the employers’ liability act.
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Tort by an employee in a pump factory against his employer for injuries caused by the fall of a sled which was being hoisted by a derrick, while the plaintiff was sitting on the sled to balance it by order of one Johnson, a superintendent of the defendant, the first count being at common law and three others under the employers’ liability act. Writ dated March 18, 1899. At the trial in the Superior Court, before Maynard, J., it appeared, that the defendant was a corporation organized under the laws of New Jersey, that the defendant had executed a power of attorney, as required by St. 1884, c.…
1Opinion of the CourtHammond, J.
1. So far as respects the count at common law, Johnson must be regarded as the fellow servant of the plaintiff, and since the only negligence, if any there was, was that of Johnson in ordering the plaintiff to get upon the sled and balance it while it was being hoisted, and there is no evidence that he was an incompetent man, the action upon this count cannot be maintained. Moody v. Hamilton Manuf. Co., 159 Mass. 70, and cases cited.
*2722. As to the count under the employers’ liability act, it was agreed at the argument before us that the ruling of the trial judge was made upon the ground that the…
2Cases cited3 opinions
- Gay v. City of CambridgeMassachusetts Supreme Judicial Court · 1880
- Veginan v. MorseMassachusetts Supreme Judicial Court · 1893
- Moody v. Hamilton Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
3Cited by12 opinions
- Cross v. Passumpsic Fibre Leather Co.Supreme Court of Vermont · 1916
- Grebenstein v. Stone & Webster Engineering Corp.Massachusetts Supreme Judicial Court · 1910
- Greem v. CohenMassachusetts Supreme Judicial Court · 1937
- Miller v. RosenthalMassachusetts Supreme Judicial Court · 1927
- Souza v. TorphyMassachusetts Supreme Judicial Court · 1958
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