Sandon v. Kendall
Massachusetts Supreme Judicial Court
Tout for causing the death of the plaintiff’s intestate, Joseph E. Bergeron. Writ dated October 6, 1917. In the Superior Court the action was tried before Fox, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered fa-r him. The motion was denied.
Read the full summary
Tout for causing the death of the plaintiff’s intestate, Joseph E. Bergeron. Writ dated October 6, 1917. In the Superior Court the action was tried before Fox, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered fa-r him. The motion was denied. He then asked for rulings, the following of which were refused: • “1. On all the evidence, the plaintiff is not entitled to recover against the defendant in this action.” “4. If the jury find that the plaintiff’s intestate was asked by a servant of Newell to aid in moving the…
1Opinion of the CourtDe Courcy, J.
The plaintiff seeks damages for the death of her intestate, JosephE. Bergeron, who was struck by a falling “ginpole,” receiving injuries from which he died without conscious suffering. There was evidence to warrant the finding of the following facts:
The defendant had a contract to erect poles and wires for an electric line from Uxbridge to Milford. He engaged one Newell, who was in the teaming business, to unload the poles from the cars in the railroad yard at Uxbridge, and to carry them to designated locations. A gin pole was used for lifting the poles from the car and putting them upon a…
2Cases cited5 opinions
- Hollidge v. DuncanMassachusetts Supreme Judicial Court · 1908
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Sprague v. General Electric Co.Massachusetts Supreme Judicial Court · 1913
- Flynn v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
3Cited by9 opinions
- Coulombe v. Horne Coal Co.Massachusetts Supreme Judicial Court · 1931
- Moss v. Chronicle Publishing Co.California Supreme Court · 1927
- McDonald v. Dr. Mcknight, Inc.Massachusetts Supreme Judicial Court · 1924
- Friedman v. Huck's Transfer, Inc.Massachusetts Supreme Judicial Court · 1952
- Kavigian v. LoneroMassachusetts Supreme Judicial Court · 1942
4 more not listed; retrieve them via the Exa API.