Urquhart v. Smith & Anthony Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received while in the employ of the defendant, with two counts, one under the employers’ liability act and the other at common law.
Read the full summary
Tort for personal injuries received while in the employ of the defendant, with two counts, one under the employers’ liability act and the other at common law. Writ dated June 23, 1902. • At the trial in the Superior Court before Hardy, J. it appeared that the plaintiff was a pattern maker in the employ of the defendant at its iron foundry in Wakefield ; that while engaged in his employment he had occasion to go to a privy situated a short distance from the rear of the shop in which he worked ; that in attempting to go there he was injured by falling upon a plank walk extending from the rear…
1Opinion of the CourtBraley, J.
Upon the evidence the jury could have found that the plank walk was a part of the permanent ways of the defendant’s manufactory designed for the use of its employees in passing to and from the privy provided for their accommodation, and which was located at the rear of the shop where the plain*260tiff worked. Coffee v. New York, New Haven, & Hartford Railroad, 155 Mass. 21, 23. Prendible v. Connecticut River Manuf. Co. 160 Mass. 131. McMahon v. McHale, 174 Mass. 320. Being thus connected and forming a part of the establishment, whether at common law or under R. L. c. 106, § 71, it became the duty…
2Cases cited22 opinions
- Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
- Mahoney v. DoreMassachusetts Supreme Judicial Court · 1892
17 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Papadopoulos v. Target CorporationMassachusetts Supreme Judicial Court · 2010
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
- Jellow v. Fore River Ship Building Co.Massachusetts Supreme Judicial Court · 1909
- O'Toole v. PruynMassachusetts Supreme Judicial Court · 1909
17 more not listed; retrieve them via the Exa API.